Coffin confessions and contract: Why agreements to divulge secrets post-mortem might be unenforceable

Abstract

Death and taxes are not only life’s two guarantees but also lucrative industries. The former has historically been dominated by morticians and funeral directors but now ‘coffin confessors’ have entered the market. These professionals are engaged to divulge specified information at the client’s funerary service, normally in an abrasive or humorous manner, for a fee. This article queries whether contracts for such services are unenforceable on the basis of illegality or public policy. It surmises that the only way ‘coffin confessions’ contracts could seemingly be enforceable is if they are performed in a manner that is likely contrary to the client’s instructions.