The individual who applies for the cremation permit is entitled to possession of the ashes. If however there is a dispute, then the named executor will have the first right to possession.
The person entitled to possession of the body is the person who is under a duty to dispose of the body. A crematorium authority must hand over the ashes to the person who delivered the body for cremation.
The next-of-kin (or the person designated as executor) has responsibility for the ashes. Practically speaking, usually it's the person who arranges and pays for the funeral and/or cremation who picks up the ashes after the cremation is complete. Related: The Cremation Process - How Does Cremation Work?
“A person's ashes are not a part of their estate. A will does not provide legally binding conditions as to the disposition of the testator's ashes. The executor has common law obligations with respect to the body of the deceased person.
Yes, absolutely. Many people choose to keep their loved one's ashes at home, in an urn. This is one of the more traditional options –– and often still a choice for many who choose more permanent memorials options as well.
No, it is not a sin to separate ashes. The Bible does not specifically mention cremation or the scattering of ashes, so there is no ruling on this matter. However, some people may have religious or spiritual beliefs that say cremation and the scattering of ashes are not acceptable.
A deceased loved one, said Father Salsa, should be in a place “accessible to everyone, where they can be venerated,” so a cemetery is preferable to a home. And scattering ashes can be “misunderstood as a sort of religion of nature, while we believe in resurrection,” he said.
Although there is no right of ownership, there is a right to possession as needed for the purpose of burial arrangements. The right of possession will generally lay with the personal representative who becomes responsible for the funeral arrangements and disposal of the body.
To divide the ashes, you can go one of two ways. You can either ask the funeral director to do it for you, or do it yourself.
Collecting ashes after cremation is relatively easy. Your crematorium will schedule a day and time to deliver them to you. This often makes up a large part of the total cremation timeframe, as it can take anywhere from seven to ten days.
Ashes (and bodies) are not property and cannot pass under a Will; a Will can contain an individual's wishes regarding their burial, and what will happen to their ashes if they are cremated, but these are only their wishes and are not enforceable by law.
For instance, ashes can be stored in a granite bench or a pedestal and placed in a cemetery. Urns can also be placed in a columbarium niche or even buried. Storing ashes at home is a great way to honor a loved one amongst your family, but it makes it difficult for others to visit and remember them.
The applicant for cremation may collect and retain the cremated remains if required. Some crematoria will keep cremated remains for a limited period and some may make a charge for this service.
It is important to know that there are no rights of ownership, but of possession. There are rights to ashes post the release of them from the crematorium and to those who have the authority to collect them. A crematorium must hand over the ashes to the one who delivered the body for cremation.
In the event of a funeral director losing touch with the family, the ashes can sit in storage for years. There is something akin to a duty of care for funeral directors that prevents them disposing of unclaimed ashes. So they keep hold of them long after anyone is likely to come forward.
As a general rule, it is disrespectful to open an urn contrary to the decedent's wishes or beliefs, or for your own curiosity or benefit. You can be confident that you are treating your loved one with proper respect if you are opening the urn to follow their instructions (for scattering, etc) or to honor their memory.
You can bury ashes in a cemetery like a casket, so long as you use the proper urn type. As urns are much smaller than caskets, a single burial plot can accommodate multiple urns. It's essential to check with the cemetery before moving forward with burying multiple urns in a plot.
Are there any restrictions on the interment of ashes? You can bury ashes within an existing family grave, as long as you have the rights to do so, and have got permission from the cemetery. The same is true if you'd like to scatter the ashes on a family grave – some cemeteries won't allow this.
Can two people's ashes be mixed together? Yes. Mixing ashes is a common process known as “commingling.” Commingling means that the couple's cremated remains are mixed, or “mingled” together in an urn, most often a companion urn.
Who can collect ashes from the funeral director? Similar to the above question, only the person who has arranged and authorised the cremation will be allowed to collect the ashes from the Funeral Director.
Overall, unless your religion bans cremation, or you are Catholic, you are fine to keep your loved one's ashes at home with you.
You don't need permissions to scatter ashes on your own land or over a body of water. To scatter ashes over public of private land, you need to request permission from the landowner. This includes parks, beaches, and churchyards.
Of all world religions, Islam is probably the most strongly opposed to cremation. Unlike Judaism and Christianity, there is little diversity of opinion about it. Cremation is considered by Islam to be an unclean practice.
While there is no time limit to how long you can store ashes in your home, you may want to consider having the ashes buried in a cemetery or use them to make a piece of jewelry as a keepsake.
Can You Get DNA From Cremated Remains? Yes. DNA testing is often done on the bodies of the dead, even after they've been cremated. The immense heat of the cremation ovens breaks down the body's organic matter, leaving bone fragments and teeth behind as they don't disintegrate during the cremation process.