How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask seanferguson13 Your Own Question
seanferguson13
seanferguson13, Solicitor
Category: Law
Satisfied Customers: 31
Experience:  3 year qualified solicitor with expertise in UK taxation.
77909803
Type Your Law Question Here...
seanferguson13 is online now

our funeral directors have scattered my father ashes in a garden

Resolved Question:

our funeral directors have scattered my father ashes in a garden of remembrance by thier error,
His remains were to be buried in the family plot where his wife and family remains are, we are devastated as this was his last wish. What should we expect from the funeral directors.
B Woods
Submitted: 3 years ago.
Category: Law
Expert:  seanferguson13 replied 3 years ago.
seanferguson13 :

Hi there

seanferguson13 :

First of all, I'm very sorry for your loss and the situation that has transpired.

seanferguson13 :

You could pursue the funeral director for breach of contract or negligence.

seanferguson13 :

For breach of contract you need to show that they have failed to carry out their service with reasonable skill and care and that this has result in a loss to you.

seanferguson13 :

For negligence you need to show that they breached their duty of care to you.

seanferguson13 :

Both of these appear to be straightforward to prove on the facts given. However, these are the limbs to overcome if you wanted to take this matter to court.

seanferguson13 :

It sounds like the directors are aware of a potential claim and are looking to settle the matter upfront. As such you should write a letter to them marked "without prejudice" offering to settle your claim for an amount you are comfortable with. The "without prejudice" aspect means that you are preserving your right to claim should they reject your offer.

seanferguson13 :

In summary, it is simply a case of coming up with a figure you feel is appropriate to compensate you and putting it to them. But you should do this in a letter.

seanferguson13 :

Hope this helps

seanferguson13 :

Sean

Customer: Thank you for your prompt reply, we thought we might refuse to pay the remaining balance of the funeral which is £2300 do you think that we are letting them off to lightly.
seanferguson13 : Hi again - this really is a question for you and what you feel comfortable with. There is not really much of a precedent for this matter.
seanferguson13 : Is there anything else I can help with? If not id be very grateful if you could close the question.
seanferguson13 : many thanks
seanferguson13 and other Law Specialists are ready to help you