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Who owns a person's ashes?

Following a cremation, the ashes are to be left with the individual who made the funeral arrangements. Again, this is not a right of ownership over the ashes, but instead is merely a right of possession which immediately follows the cremation.

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This article is for information only and does not constitute legal or financial advice. Please consult one of our qualified lawyers or financial advisers for advice tailored to your specific position. × When a person dies, they will often leave behind many belongings in the form of property. This could include personal belongings, money, vehicles and possibly a house. The passing of these belonging are generally covered by their Will, if they made one, or otherwise pass in accordance with the terms of intestacy. This will be binding on the personal representatives, subject to any further agreements made between the personal representative and beneficiaries. The ownership of the deceased’s body and burial wishes cannot however, be binding on the personal representative and unlike a deceased’s belongings, this is something which cannot be owned by an individual. The case of Williams v Williams held that there can be no property in the body of a deceased. Further, any provisions over burial arrangements made in a Will cannot be binding on the personal representative.

Rights of possession – burial arrangements and ashes

Although there is no right of ownership, there is a right to possession as needed for the purpose of burial arrangements. The right of possession will generally lay with the personal representative who becomes responsible for the funeral arrangements and disposal of the body. In the absence of a personal representative, this role can be taken by the family in accordance with an order of priority. In the event no one is willing to make such arrangements, it will be left to the local authority. Following a cremation, the ashes are to be left with the individual who made the funeral arrangements. Again, this is not a right of ownership over the ashes, but instead is merely a right of possession which immediately follows the cremation. The personal representative may then decide where to spread or inter the ashes and any decision is likely to be made in agreement with the remaining family of the deceased. It is possible for disagreements in such arrangements to arise which raises the question of whether anyone can have a right of ownership over the ashes, which enables them to make the final decision.

Ownership of a deceased’s ashes – case law

The case of R v Kelly held that it is possible for there to be property rights over a deceased’s ashes on the basis they have different attributes following an application of skill. The act of skill being the act of cremation. This case is likely to only apply in cases where it has been decided to retain the ashes as opposed to spreading or interring them. The difficulty here then arises as to whom rights of ownership lay with. This will often be with the individual in possession and makes it difficult to claim ownership unless an act of theft can be shown. Where a dispute arises over the spreading or interring of ashes, the Courts are reluctant to become involved, but will make a decision if necessary. The Courts will consider the facts of each case and make a decision as to what appears to be the most appropriate based on the circumstances. This means that the wishes of the personal representative or someone who is deemed to have a higher priority in a dispute will not always be followed.

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What is the meal after a funeral called?

repast Separate from a memorial service, a funeral reception is a special event for family members and friends to honor the deceased without a formalized structure. The gathering after a funeral usually has food and drinks and serves as a venue to offer one's condolences to the family. This is also commonly known as a repast.

jewelrykeepsakes.com - A Complete Guide To Surviving The Funeral Reception

Flowers and plants. If you want to give a traditional memorial gift, flowers are the way to go. Except when attending a traditional Jewish funeral or otherwise requested by the family, you can't go wrong with flowers. You can alternatively bring succulents, which are simpler to manage and last longer. For advice on flowers to bring, ask your local florist. They will likely have a preset bouquet meant for memorial gifts. Orchids, lilies, chrysanthemums, roses, and carnations are used the most for these. Sympathy cards. A brief message on a sympathy card is another standard gift to give at a post funeral gathering. Attach it to your flowers, or just provide the card. Another idea is to discretely put a check, cash, or gift card inside the envelope. Charitable donations. Humanitarianism is an honorable form of commemorating someone's life. The family may request gifts to a singular charity. If not, consider which group the deceased would prefer to contribute to. If they passed away from cancer, perhaps donating to a cancer research organization is the best way to go. Alternatively, you may ask the family or close friends what they think would be best. Here you will find a list of choices. Photo engraved pendant or keychain of the deceased. Pictures bring back memories and serve to preserve the dead's living memory. Think about giving a meaningful gift of Personalized Photo Engraved Jewelry. Fingerprint jewelry. This is another way to keep someone's legacy close to them. It's a beautiful gift idea for someone who is in mourning. A memorial album or framed photo of deceased. A photo album may bring comfort to those in mourning. Give a framed print of the person who died as your sympathy gift. Or consider assembling a photo album full of loving memories.

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