If a husband and wife are killed in a plane crash without any surviving children, who has the legal right of disposition?

In situations where both spouses pass away without surviving children, the legal right of disposition typically falls to the next of kin. In most jurisdictions, the next of kin hierarchy is established by law and indicates that immediate family members, such as parents or siblings, are given priority for making decisions related to the disposition of remains.

The role of next of kin is crucial because they are typically aware of the deceased's wishes and are in a position to make informed decisions about funeral arrangements. When a husband and wife die together without children, it often means that there are no direct descendants to take on this responsibility. Thus, the classification as next of kin provides a clear legal pathway for resolving who has authority over the remains.

While estate executors have roles concerning the management and distribution of a deceased person’s estate, they do not automatically have the right to make decisions about the disposition of remains unless they are also next of kin or legally designated to do so by the deceased in their will. This distinction reinforces the position of the next of kin as the primary decision-makers in the absence of immediate descendants.