I Hereby Dispose of Myself

Looking through some form wills today, I came across a provision that struck me momentarily off balance. Imagine walking into a law office expecting to sign a document setting forth the framework for disposing of your property in the event of your untimely death, and walking out having arguably signed your own death warrant. Only poor legal drafting could result in such an unintended consequence, but it happens. The offending provision states as follows:

I authorize and direct that my body shall be cremated and my ashes scattered over the garden of the residence where I am living immediately prior to my death.

Why wait until you're actually dead to be cremated and scattered with the wind? And is there a provision setting forth who has the authority to declare at what time death will occur so that preparations can be made for such preemptive cremation and scattering?

If you find this provision in your will, better hope Justice Scalia never hears your case.