Funeral expenses and child's share: what do you need to know?

Questioner

In the surviving will of our father (who died in 1999) it was stipulated that although mother was disinherited (for tax reasons), she would pay all funeral expenses (and also declare them as a deduction for income tax purposes). As children, are we allowed/should we deduct these funeral costs when calculating our child's share, or does that not apply in this case?

Lawyer

You may deduct funeral or cremation costs from the inheritance. However, your mother paid all funeral costs. You, as children, did not incur any costs. Therefore, you may not deduct funeral costs.