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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46227
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Died 8 years ago and was cremated,I have his

Customer Question

Hi ***** died 8 years ago and was cremated,I have his ashes, his children are now demanding that the ashes be split so that they can have them.
There was no will but a lengthy probate which resolved issues regarding the house company etc he left no will as his death was very sudden.
His parents and myself don't want to do this his children have not been intouch for a number of years until the payments from the settlement stopped.
I also add that his children are adults.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Who paid for the cremation?
Customer: replied 1 year ago.
I did
Customer: replied 1 year ago.
Hello Ben Thanks sorry but this is very upsetting
Expert:  Ben Jones replied 1 year ago.
No problem I completely understand it is an emotional subject. As far as the law stands, no one actually owns the ashes - a corpse or ashes do not belong to anyone so no one can actually lay a formal claim over them. Therefore, what usually happens is that after a cremation, the ashes are given for safekeeping to the person who paid for the cremation. Those responsible for the cremation would have a contractual obligation towards the person who paid for it so would give the ashes to them and then that person can decide to do with them as they wish. I have seen numerous disputes where some family members would like the ashes to be scattered in one place, whereas others want to do something else with them, but no one, not even the person who died, through their will, can force this to be done. So what happens is that the person who paid for the cremation ends up with the ashes and they are then free to do with them as they wish. Any arguments about what should be done with them are of a purely moral ground, not a legal one. So you are free to keep them an refuse to give them to anyone else. They cannot take legal action to challenge that. make that clear to them and advise them that if they continue to bother you about it, you will treat it as harassment and take further action yourself. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46227
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Ben
I just realised I think Nicks Business Partner paid for the funeral from their company account
Expert:  Ben Jones replied 1 year ago.
That shouldn't be a major issue - who paid for it depends on who gets the ashes after the cremation, i.e. who the crematorium or funeral director owe their duties to provide the ashes to. So they should have challenged this at the time but now it is too late, and in any event their claim would only be against the crematorium
Customer: replied 1 year ago.
thank you god bless
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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