Can funeral directors dispose of or get rid of ashes without consent?

Question

My mum passed away in May of 2019 and my family recently found out that her funeral wasn't completely paid for and still has £400 outstanding. We were of the understanding that the person in charge of paying it had paid the entire amount. Next week the outstanding balance is getting paid but we are worry that the funeral directors may have disposed of her ashes or gotten rid of them. Can they do that without notifying the family first? The funeral directors is in Scotland.

champer · Answer

Speak to the Funeral Director.

I don't know about the rules in Scotland, but here some crematoria will keep the ashes for up to one month before making a charge to store them. If there has been no prior instruction, they are strewn in the garden of remembrance. Before this happens the crematoria have to give 14 days notice in writing – they write to the person on the documentation at the time of cremation. However ashes are normally passed to the Funeral Director for collection.

Slickterp · Answer

It has been almost a year and no one went to go pick up the ashes?

The Truthseeker · Answer

No, they can’t. They cannot even keep it. Some funeral directors choose to hold ashes until the family pay the bill, but they are not allowed to. It is the applicant’s right under Section 7 of the Cremation Act 1902 and Statutory Rules and Orders, 1903, No 286. Cremation England & Wales.

? · Answer

FWIW, there's no guarantee your mum's ashes are hers.

Can funeral directors dispose of or get rid of ashes without consent?

4 Answers