Can I Sue The Funeral Home For A Dispute Over Ashes?

The burial arrangements of a deceased person, including the spreading of ashes, is an important process following the death of a loved one for many people. This can provide closure and tends to be emotionally involved which can lead to disputes over the arrangements.

As covered in previous blogs, there is minimal law governing funeral arrangements and even less in relation to a deceased’s ashes, leaving the Court’s preference to leave disputes between families for them to sort out between themselves. However, what happens when the dispute is between the family and the funeral home?

Claims against funeral homes concerning ashes

A funeral home’s obligation is generally to the person signing off on the funeral arrangements. A funeral home will take instructions from that person and should release the ashes of the deceased only to that person unless instructions are given to the contrary.

That person may then spread the ashes and this will likely be in accordance with any agreement made between the family. If the funeral home, however, fails to comply with the instructions they may expose themselves to legal action on the basis they have not complied with their contract.

Recent case law

This happened in a previous case where Co-Operative Funeral Care mistakenly sent a deceased’s ashes to a crematorium instead of the deceased’s daughter.

The ashes were then scattered against the family’s wishes as they had intended to scatter the ashes the following year in Whitby which the deceased had always requested during her lifetime. A claim followed against Co-Operative Funeral Care for breach of contract.

The Court, when hearing the claim, noted the law has limited effect in such cases and the only remedy available was in respect of the contract breach and not the loss of the right to spread the ashes. Whilst the daughter was awarded damages for breach of contract and costs, the sum was limited and ultimately no claim could bring back the ashes.

Comment

This case highlights the limited action available when disputing the spreading of ashes as action is only available against a funeral home when there has been a breach of contract. Whilst funeral homes should pay great attention to the instructions received, the onus lies with the family to ensure the funeral home comply with instructions as ashes cannot be recovered after they have been spread.

It is therefore essential that family members stay in close contact with funeral homes until the ashes are back in their position and if a care home is acting against the family’s wishes in breach of contract, it may be possible to obtain an injunction to prevent the home from acting in that way.