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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17041
Experience:  30 years as a practising solicitor.
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Who has the rights to my brothers ashes. His wife wants them

Customer Question

Who has the rights to my brothers ashes. His wife wants them but so does his daughter. His daughter was called by the funeral director and has been to pick them up but his wife says she’s the one that should have them
JA: Where are you? It matters because laws vary by location.
Customer: Scotland
JA: What steps have you taken so far?
Customer: None his daughter picked them up this morning
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: His wife paid for the funeral
Submitted: 6 days ago.
Category: Scots Law
Expert:  JGM replied 6 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Expert:  JGM replied 6 days ago.

The person entitled to the ashes is the executor of the deceased. If there is a Will the executor will be named in the Will. If there is no will it is the person with most right to be appoint4d executor by the court, in this case the wife. Often in this type of case the ashes are divided and each person can decide where to scatter the ashes.

Expert:  JGM replied 6 days ago.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.