Who Has Legal Rights to Cremated Remains?

Cremation is a widely disputed topic, and the legal rights to cremated remains can cause problems among family members. One person may want the body to be buried, while others opt for direct cremation. Someone else might want the ashes to be placed in a crematorium, displayed in someone's home, or even scattered. There could also be a debate between family members about who gets to keep the ashes. If there are many siblings, this could cause quite a problem.

Who Owns the Rights to Cremated Remains?

No one can own ashes or human cremains because the law considers them the same as the person or a body, and a person cannot be owned. The general rule in common law countries is that the spouse has the right to ashes after the cremation. If there is no spouse or partner, the ashes go to the surviving children. However, in other areas, the right to possess the ashes is the person in charge of the funeral or the person who signed the contract with the funeral director—often the bill payer.

Tips to Avoid Ownership Disputes Over Human Remains

The key to dealing with disagreements regarding funeral arrangements is to be patient and listen to everyone. After-death preparations can be challenging to navigate after the death of a loved one.

If there is a will in question, the family should respect their loved one's wishes. If the dispute is about burial or cremation and the family cannot agree on the funeral arrangements, the dispute may need to go to court. The court will consider all reasonable requirements and wishes of the family as well as to who the deceased had the closest connection.

If the debate is about who gets to keep the ashes, keepsake urns are a good solution because they hold a small number of ashes and each family member gets to keep their own and do with them what they wish, like burying cremated remains or placing them on a display shelf.