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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My sister is asking mothers ashes she gave me 4 years ago

Customer Question

My sister is asking for my mothers ashes she gave me 4 years ago which were shared in equal parts. She claims that since my mothers will states that she wished to be scattered in the sea that I should give my part back. She is now threatening to take me court to obtain them.
My question is will she succeed since their in my possesion & have dear value to me.
Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  JG_Legal replied 1 year ago.
Were your mother's wishes to be scattered at sea stated in her will?
Customer: replied 1 year ago.
They were yes but didn't say in entirety it was just a request.Both my sister & niece followed her wishes but I decided to keep and now 4 years thet are demanding it
Customer: replied 1 year ago.
As in i decided to keep the bit my sister actually gave me. No mention at the time i had to do it one day
Expert:  JG_Legal replied 1 year ago.
The legal function of a will is to divide property of the the deceased and wishes regarding method of burial are not legal enforceable. The law is not settled on whether ashes are even property - ashes are not the body - they are the remains of a disposed body. Even if your sister was able to legally prove the ashes are 'property', which is doubtful, she wouldn't be able to order you to return the ashes because burial wish is not legally enforceable.If I have answered your question please accept my answer. If not, feel free to ask for clarification.