The right to determine the disposition of a deceased person through burial is considered customarily that of the next of kin, beginning with the surviving spouse. Such a custom is considered:

Question

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The right to burial conferred on a surviving spouse is considered per se or a sacred right of those with a vested interest in the disposition of the deceased.
Rights that are not necessarily legislative in nature are considered rights that have been conferred per se. Per se is derived from the Latin for "as such." Something that is said to be customary is considered usual and normal but is not descriptive a legal right. De jure ("of law") and de facto ("as a matter of fact or practice") describe customs that are either set forth contractually (de jure) or accepted as the way things are (de facto) but necessarily customary.

The Right to Determine the Disposition of a Deceased Person