Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask if you recall who paid for your mothers funeral please?
at the time my father was alive and paid for the funeral , he is now deceased , he was not my brothers paternal father.
Thank you. Do you know who inherited your fathers posessions - e.g. in his will?
yes myself and my sister , my brother was not left anything in my fathers will
Thanks. although your mother's ashes will have extreme sentimental value, English law (cold as it may seem) treat Ashes no different to any other personal possession and make no allowances for sentimental value. Accordingly, Ashes belong to whoever paid for your mother's funeral, in this case from what you say this was your father. Accordingly, the Ashes ownership passes to his beneficiaries under the terms of your father's will and therefore will belong to one of your sister your brother at this point.
accordingly, your other brother has no right to claim the ashes of his own unless he's a beneficiary under your father's will. If he attempts to remove the Ashes this would amount to theft.
if you have concerns that he may do so, you could contemplate an injunction to prevent him from removing the Ashes but unless you have some evidence that he has intention to do so, obtaining an injunction may prove challenging
I just have to step into a meeting. Please come back to me with any follow up questions. your permission, I will respond to you as I finished which should be no more than 15 to 25 minutes
thanks for the information ,can you advise if we can speak with the crematorium to inform them of this knowledge and the ashes can not be removed without mine or my sisters consent, as they informed us that because he originally paid for the niche he has the rights to the ashes.
So sorry about that. I am back. Just reviewing your post.
Absolutely. You can advise them that ownership of the ashes has passed to you and your sibling under your fathers will and that you are concerned that another party may attempt to remove the same and that they should under no circumstances be released to him.
Are you happy with the information I have provided to you above or is there anything above I can clarify for you any further?
thats brilliant , now peace of mind, thank you for your information
A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.
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