ILCS » Chapter 755 · Act 65
Illinois Compiled Statutes

755 ILCS 65/45 (2026)

Liability

✓ current as of May 2026
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(755 ILCS 65/45)
    Sec. 45. Liability. There shall be no liability for a cemetery organization, a business operating a crematory or columbarium or both, a funeral director or an embalmer, or a funeral establishment that carries out the written directions of a decedent or the directions of any person who represents that the person is entitled to control the disposition of the decedent's remains. Nothing herein shall be intended or construed to reduce or eliminate liability for the gross negligence or willful acts of any cemetery organization, business operating a crematory or columbarium or both, funeral director or embalmer, or funeral establishment.
(Source: P.A. 94-561, eff. 1-1-06.)

    
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2020–2026 · leading case: Coley v. Bradshaw & Range Funeral Home, P.C., 2020 IL App (2d) 190627 (Ill. App. Ct. 2020).
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Coley v. Bradshaw & Range Funeral Home, P.C., 2020 IL App (2d) 190627 (Ill. App. Ct. 2020). · cites it 2× “(Bradshaw), had moved to dismiss the claim, pursuant to section 2-619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2- 619 (West 2018)), arguing that section 45 of the Disposition of Remains Act (the Remains Act) (755 ILCS 65/45 (West 2014)) shielded it from liability.”
Coley v. Bradshaw & Range Funeral Home, P.C., 2020 IL App (2d) 190627 (Ill. App. Ct. 2020). “(Bradshaw), had moved to dismiss the claim, pursuant to section 2-619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(9) (West 2018)), arguing that section 45 of the Disposition of Remains Act (Remains Act) (755 ILCS 65/45 (West 2014)) shielded it from liability.”
D'Agnolo v. Catholic Cemetery Ass'n of Peoria, 2026 IL App (4th) 250350 (Ill. App. Ct. 2026). “6 asserted immunity under the Remains Act (755 ILCS 65/45 (West 2024)). ¶ 13 In September 2024, D’Agnolo filed a second motion for summary determination of a major issue.”
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