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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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How can I get my brothers girlfriend give me small bit of my

Customer Question

How can I get my brothers girlfriend give me small bit of my brother ashes to put in necklace
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Who has paid for the cremation?

JACUSTOMER-xhfrffjh- : Hi his girlfriend but she not paid yet
Ben Jones :

ok the issue is that no one would own the legal rights over the ashes - there is no legal ownership of a dead body or of ashes for that matter. No one can say that they ashes belong to them, regardless if they were the deceased person's spouse, next of kin, etc - the law simply does not allow ownership. So in these circumstances the ashes will be kept by the crematorium for safekeeping until they are ready to be released to those who are considered to be in charge of them - this would generally be the person who arranged the cremation and paid for it - then it becomes a contractual matter - someone has paid for a service and they are entitled to receive the benefits of that ervice, which wuld be the ashes. So generally the person who arranges and pays for the cremation has the right to take the ashes away and do with them as they please

JACUSTOMER-xhfrffjh- : So can't I as sister get some for necklace also his daughter wants to do necklace all just for keep sake there's no will
JACUSTOMER-xhfrffjh- : Heal so still as mum alive
JACUSTOMER-xhfrffjh- : He also as mum alive and no will
Ben Jones :

you can approach the crematorium and tell then who you are and sk them to release the ashes to you but they may refuse to do so because you are not the person who had instructed them to perform the cremation and are not the one who will pay them. You could try and settle the cremation bill in he hope that by doing so they will release the ashes to you but you need to agree that will be the case before you pay. Otherwise it is the person who had given them the instructions in the first place, the person who they have a contract with, that will get the rights over the ashes

JACUSTOMER-xhfrffjh- : ?
JACUSTOMER-xhfrffjh- : What about the estate where will that go when no will
Ben Jones :

this will be one under the intestacy rules - it can be complex and depends on what relatives the deceased has left, you can read more here:

https://www.gov.uk/inherits-someone-dies-without-will

Ben Jones :

Does that answer your query?

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks