According to the Burial Act of 1857, it is illegal to disturb or remove the body without legal permission after a person`s funeral. The exhumation of cremation ashes on consecrated land may only be authorized by a faculty of the local diocese. Even on private land that is not a cemetery, exhumation requires a licence from the Department of Justice under section 25 of the Burial Act of 1857. While the application can be completed by anyone, it must be signed by the next of kin and equals. However, section 54 of the Act also specifically deals with funeral homes that collected the ashes from the cremation authority, but the applicant did not collect the ashes (within the specified period) from the cremation company. Again, the funeral director must take reasonable steps to find out what the applicant wants here (for example, the applicant will collect the ashes or whether the funeral director returns them to the cremation authority). In the absence of a reply, the funeral director may return the ashes to the cremation authority in accordance with Article 54(6). The burden of proof then lies with the cremation authority (under Article 55) to determine the wishes of the applicant and (failing that, the ashes) to store or dispose of them. This is usually left to the deceased executor, provided the deceased left a valid and complete will. If the will is not left, the most senior relatives are entitled to the cremated remains.

This is currently discovered through intestate succession (i.e. surviving spouse/partner> children of the deceased > parents > siblings), etc. Important to note: As provided by law, a life partner or stepchildren do not fall into the above. In the event of a dispute over the spread or burial of ashes, the courts are reluctant to intervene, but will make a decision if necessary. The courts look at the facts of each case and decide what seems most appropriate based on the circumstances. This means that the wishes of the personal representative or a person with a higher priority in a dispute are not always followed. The ashes are given to the person who requested cremation from the undertaker. Ashes may be collected by the applicant directly at the crematorium, or the applicant may designate the funeral director to collect them on their behalf.

Leaving a series of instructions can help avoid family conflicts about ashes and how they should be remembered. However, it should be understood that funeral wishes contained in a will are generally not legally binding. My daughter has not been informed of her father`s death, does she have rights to his ashes, her brother who may have them will not speak to us The first is when a cremation applicant was later involved in the death of the deceased, but refuses to allow the crematorium to hand over the ashes to the family of the deceased. The resulting distress is obvious and could now be avoided. How does this affect what happens to the ashes? According to the new version of Regulation 302, the cremation authority must dispose of the ashes in accordance with the applicant`s instructions for the ashes. When the executioners ordered the body buried, Williams arranged for it to be dug up and sent to Milan for cremate. The ashes were placed in the vase and she duly claimed her expenses from the executors. In this blog post, our wills and trusts expert, Chantelle Bradley, discusses the legal position on who owns a person`s ashes after cremation and what steps you can take to avoid a dispute. After cremation, the ashes should be left to the person who arranged the funeral. Again, this is not a right of ownership of the ashes, but simply a right of possession immediately after cremation. The personal representative can then decide where the ashes will be scattered or buried, and any decision is likely to be made in agreement with the remaining family of the deceased. It is possible that there will be disagreements in such agreements, which raises the question of whether everyone can have ownership of the ashes that will allow them to make the final decision.

Nevertheless, the next of kin do not legally possess the ashes. Indeed, in Plantagenet Alliance Ltd, R v Secretary of State for Justice & Anorâ [2013], the court noted the statement of the Chief of the Coroner`s Team, Burial, Cremation and Inquests of the Department of Justice that the practice of the Minister of Foreign Affairs is only to “consult” with relatives when the remains of the deceased have been buried “within the last 100 years”. This is a controversial issue that many funeral directors face when individual clients ask questions about their legal rights. Like any family dispute, funeral disputes are complex and can`t always be resolved by separate legal regulations – and this is especially true when it comes to ashes. The law here is clearer than before, thanks to recent legislative changes, but there are still some “grey areas”. If you have concerns about how your family will handle your funeral and ashes, we strongly recommend that you make a will to make your preferred arrangements. Be sure to fully discuss any concerns with your lawyer when drafting a will so that the executor is carefully chosen and the instructions are applicable. In disputes that have arisen over a person`s ashes and ended up in court, the verdict has not been consistent. As such, it continues to be a hotly debated topic. In most states, the right to your ashes goes to the surviving spouse or partner. If there is no spouse or partner, it goes to the surviving children. Many laws around the world establish this hierarchy of positions.

However, it can be difficult to resolve the dispute between peer members of the hierarchy, such as brothers. Well, “Who rightfully owns the ashes” is a different question than “Who gets the ashes after cremation?” Dear Karen, I just want to make sure I answer the right question. Can you stop your uncle from giving your siblings some of your father`s ashes? I think the answer is no, you can`t, you can find a lawyer who would do it for you, but I suspect you might end up spending a lot of money to get nowhere. As executor, he was appointed by your father to provide for your father`s property, and as the funeral applicant, he had the right to collect the ashes. I assume you have spoken to him and explained why you are not satisfied with his decision? If you have done that and he has gone that way anyway, I am not sure there is much that can be done about it. I`m really sorry. Sincerely, Richard: “In September, we will rebury the ashes with some members of his family to celebrate the occasion.” This is the situation today in England and Wales.