Do People Really Fight Over Ashes?
Sadly, the answer to this question is yes, and it is more common than you may think! I have acted in a number of estates where family members simply cannot agree on where their mum, dad or even child’s body comes to rest.
One person may want the body to be buried, another may prefer for the body to be cremated. Someone else may want the ashes keeping in a casket and another may want the ashes scattered or burying. And so the dispute goes on.
So who does have the right to say what happens to the deceased’s ashes or body?
Well firstly, it is important to understand that a body is not ‘property’ and so it cannot be gifted, sold or even stolen. It can however be donated after death for medical or science purposes.
The person actually entitled to decide what happens to the body is the person who is under a duty to dispose of the body.
So, who might this be?
Well the body can firstly be retained by a hospital if it is thought that the body might be infectious, or if the person died from a specific disease. The coroner may also have first claim on the body if there are suspicious circumstances or if the cause of death needs to be determined.
If there is a Will then the person entitled to the body is the executor or executors. The problem here is that a large percentage of the population actually die without leaving a valid Will. Another good reason to get yours in place!
If you do have a Will, careful consideration should be given to the appointment of executors to ensure that they can work together to carry out your wishes. Some people even prefer to appoint professional executors to act for them although there is no requirement to do so.
What if there is no Will?
If someone dies without leaving a valid Will then the person or persons who are entitled to the body are those who are entitled to benefit from the deceased’s estate under the rules of intestacy.
If you are a surviving spouse or an unmarried partner, then this would firstly be your children if you have them. And if your children have different views as to how your body should be dealt with then this could be problematic.
In the unfortunate event of a dispute arising, an application may need to be made to the Court, which would be both costly and time consuming – and the deceased would not be laid to rest until this had been resolved.
Some people like to include wishes in their Will stating what is to happen to their body when they die. The wishes can be simple such as stating a preference for burial or cremation or the wishes can expand to the type of funeral service, what songs or hymns are played or what sort of flowers the deceased prefers. I even came across one client who wanted their ashes throwing from the top of Kilimanjaro!
Unfortunately though, funeral wishes contained in a Will are not legally binding and so cannot be enforced. They merely serve as directions for your executors.
If you would like further information regarding the topics raised in this article then please telephone me on 01332 364436 or e-mail me at j.robinson@timms-law.com