Who owns the ashes?

September 24, 2014   //   No Comments

SAIF Business Centre regularly hears from Members seeking advice about issues over who the ashes should be given to.  We’re finding that disputes are increasingly arising between family members, particularly where there has been a family break up.

We thank Adam Draper, Partner in Will, Trust & Estate Disputes at Irwin Mitchell for his article in SAIFinsight in April 2014.  It seems that many members must have missed the article, so we have posted a summary of the article on the secure Members’ area, which members may find here, once logged on.

Remember SAIF’s advice on this subject:

Funeral directors are obliged to follow the instructions of their client, the applicant, regardless of requests by other parties.

  • Always get signed confirmation when the applicant takes the ashes. There is a template which may be adapted to suit your company needs. It can be downloaded from here.  Simply login to the Members’ Area, select Funeral Profession Information, then scroll down to Forms and select ‘Cremated Remains Form.’
  • Never release ashes to anyone other than the applicant, unless the applicant gives written approval for this.