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Tag: Law

This section brings together the stories behind the rules — news, case notes, and plain-English explainers where law meets remembrance. We track how policies shape real ceremonies: from permissions for scattering on public land and waterways, to cemetery and churchyard regulations,...

Law Commission Report: Dealing with Ashes After Cremation

What Chapter 14 Means for Uncollected Ashes and Crematoria Chapter 14 Summary – Dealing with Ashes After Cremation Right then — where do we start? The Law Commission has finally landed the long-awaited conclusions on this middle section of its burial and cremation work. It is no skimpy effort either, weighing in at close to […]

What the case of Re K tells us about disputes over burial and scattering

What the Court Says: A Legal Perspective on Burial disputes

Ashes, the Law, and Family Disputes – what happens when no one can agree? This piece is mainly about burial, but it matters just as much to those dealing with cremated remains. In the eyes of the law, ashes are treated in much the same way as a body until they are scattered or finally […]

Policy: Isle of Man Authority

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Scattering Ashes on the Isle of Man: What the Law Says Just between Britain and Ireland sits the Isle of Man — an island with a long and layered history. Vikings settled here over a millennium ago, leaving behind place names, symbols and traditions that still shape the landscape today. In more modern times, the […]

Cremation Ashes – Church of England’s stance

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The Church of England and Scattering Ashes: Religion vs Land Ownership The Church of England occupies a slightly unusual position when it comes to cremated remains. It is both the established church of England and one of the country’s largest landowners. These two roles are often blurred together — but they are not the same, […]

Scattering Ashes in the USA National Parks

Scattering Ashes in America’s National Parks It’s easy to see why many Americans would want their ashes scattered in one of the National Parks.The scale is breathtaking. The landscapes feel limitless. There’s a sense of space, wilderness and permanence that’s hard to match anywhere else. Standing in a place like Yosemite National Park, Bryce Canyon […]

Is Scattering Ashes without permission Illegal?

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Is Scattering Ashes Without Permission Illegal? Yes! Well… err… maybe. Possibly. Every source on the internet says roughly the same thing: “You can’t scatter ashes on land without the landowner’s permission.” And that’s true — you can’t. But is it actually illegal? That’s where things get murky. English law loves a grey area, and this […]

Who owns Cremation Ashes? What are my rights?

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Who Owns Cremated Ashes? (Updated legal and practical guidance from Scattering Ashes) Who Owns Cremation Ashes? The short answer is: no one owns cremated ashes.Under UK law, a human body — before or after cremation — is not classed as property. That means you can’t technically own ashes in the same way you might own […]

California scattering ashes at sea – law

Change in the Law for Burial at Sea in California On 10 July 2012, a change in California State law quietly resolved a growing practical problem around the scattering of ashes at sea. Backed by the California Funeral Directors Association, new legislation introduced a clear protocol for how cremated remains should be handled when scattered […]

Water Logging Allows Exhumation on Church of England Land

Exhumation of Ashes: A Rare but Necessary Decision Now here is a recent case further expanding our understand of exhumation on Church or England / consecrated ground. The recent case involved St. Peter’s churchyard in Aubourn, near Lincoln, and highlights the rare and complex circumstances under which ashes can be moved from their resting place. […]

Who gets the ashes: funeral directors caught in the crossfire

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Disputes Over Cremated Remains and the Challenges Facing Funeral Directors The law is not the most dynamic of tools, and legislation around cremation is certainly not at the top of Parliament’s agenda. Crucially, the law is not designed to decide the “right home” for cremated remains. Its primary concern is that ashes are disposed of […]

What do they do about Cremation Metal Recovery in Japan

Cremation Metal Recovery in Japan – Precious Metals & Practices In Japan, cremation is the most common end-of-life practice, with over 1.5 million cremations conducted annually. However, a recent survey reveals that nearly half of Japan’s major cities are engaging in the sale of valuable metals extracted from the ashes of cremated remains. This practice, […]

Do You Need Permission to Scatter Ashes in a Cemetery?

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Do You Need Permission to Scatter Ashes in a Cemetery? A common question asked. I am wondering because I think people probably know the answer already, but are hoping the answer – “It’s fine, just go for it”. However, it is not: do you need permission? The short answer is yes, it is not your […]

Legal Differences between Scattering and Interment of Cremated Remains in Law

Legal and Physical Differences between Scattering and Interment of Cremated Remains in English Law This is Scattering Ashes interpretation of the Law as it stands Scattering of Cremated Remains Definition: Scattering involves dispersing cremated remains (ashes) over a defined area, such as in a garden, at sea, or over land. Legal Considerations: Consent: Permission from […]

What are the Laws relating to Scattering Ashes in Europe

Many of you want to scatter ashes aboard – a favourite holiday destination, where your beloved proposed or any number of heartwarming reasons. Over the years I have tried to find out what is the law covering scattering ashes is in other countries, this has proved remarkably difficult. Mainly due to the fact I don’t […]

Cremation ashes illegally scattered on a grave

Scattering Ashes on Grave – Extreme example

Scattering Ashes on Grave without Permission I want to discuss the argument around scattering ashes on a grave. This was brought into focus by a rather disturbing image that was sent to me from a cemetery manager, it shows how bad this can get. The second image is at the bottom and be warned it […]

Exhumation the rules broken down and explained

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Exhumation Rules for consecrated and unconsecrated ground For the exhumation of a body or cremated remains from consecrated ground, it will be necessary to obtain a Faculty from the Chancellor of the Diocese. It is no longer necessary to obtain an Exhumation Licence from the Ministry of Justice, even if it is intended that the […]

What is the definition of an Urn?

There are various definitions on an Urn, let’s ignore those specifically referring to a large receptacle for tea and such like and focus on those that contain ashes, oops have I just given the game away? Let’s see… Urn (noun: urn; plural noun: urns) So Google pops up with the following: a tall, rounded vase […]

is a scattering ceremony part of a funeral

Is a Scattering Ashes Ceremony part of a Funeral?

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Is a Scattering Ashes Ceremony part of a Funeral? This might seem like a glib question, but it is not. The question has had a light shone on it by Covid and the rule of six (the number of people who can meet together). The rule of six does not apply to people attending a […]

Can you scatter ashes anywhere?

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Can you scatter ashes anywhere? The answer is no you can’t. The law in UK is very relaxed compared to many countries but you need the landowners permission. Someone landowners are fine and others are not. As a general rule of thumb the more open and spacious the more likely you are to get permission. […]

Is a will the last word on ashes? 2019

Wills are funny things. They can be as eccentric as the people who make them. Think of Jonathan Jackson, who set aside a small fortune in his will for the construction of a mansion for cats. Or Houdini, who asked his wife to conduct a séance each year on the anniversary of his death. We […]

Exhumation of Ashes, Rounders & Drug Dealing – Strange Story

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If you have buried ashes and you want to move them it can be difficult if not impossible, particularly if they the ground they are buried in has on blessed (consecrated ground). In which case it is up to the Church of England’s court to decide whether they can be removed. And they don’t like […]

How much for losing ashes?! Court decision on the value of ashes

Costs, liability and compensation when cremated remains go missing We often ponder the value of ashes: to some they are worthless to others the most precious item on the planet, in previous posts we have considered their worth in monetary terms. Well in a recent case in the town of Mobile – a port city […]

Rules and laws scattering ashes in france

Scattering and Cremation Ashes Law in France

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Scattering and Cremation Ashes Law in France France is often seen as a progressive, secular country—but when it comes to death, cremation, and ashes, it takes a surprisingly traditional stance. Although around half the population still identifies as Christian (mostly Roman Catholic), and cremation is becoming more popular, French law has grown stricter, not looser, […]

Comedian is in dispute over her daughter’s ashes

Ava Vidal’s Daughter’s Ashes I don’t like exposing people’s family woes unless there is a wider a message or point to understand. In this case, I think there is. The comedian Ava Vidal is locked in a high court battle. Mrs Vidal and her ex-partner are disputing what should happen to their daughter’s ashes. Their […]

Can you use a will to explain what should happen to your ashes?

How wills, legal wishes and funeral plans guide cremation decisions Marriages, divorces, births, deaths, buying a house, selling a house: all circumstances that, according to the government, mean you should be making (or updating) your will, sensible advice yet around 60% of die without even making one in the first place?! For those who ‘get […]

Changes to Cremation Regulations in England and Wales will impact ashes

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Amendments to the cremation regulations are on their way they come into force on the 6th April 2018. They apply to cremations within England and Wales. How have they changed and what will it mean, there have been two big changes: There will be a new application forms which will include a section where the […]

Council mix-up: an exhumation because an ashes burial plot was sold to two people!

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Jennifer Phillips bought a plot in Welton Road Cemetery, Daventry, Northamptonshire back in 1987 so that when the time came she and her husband could be buried next to her parents. However, on a visit her parents grave she noticed a small wooden cross on the plot that she owned. It transpires that the council, […]

Church of England rules on Exhumation of Ashes: what are Exceptional Circumstances

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The Church of England considers the burial of ashes final. To get ashes removed from consecrated land is difficult if not impossible, you will need to demonstrate exceptional circumstances and navigate the very formal language used by the church. Set out below is what you need to know. You would need to get permission (known as […]

Cemetery Error Deemed Exceptional in Exhumation Case

At Scattering Ashes we report on as many exhumation cases as we hear about so we can pass the learning onto you. Without wishing to repeat myself, getting permission for exhumation of ashes from consecrated ground is difficult: it must be exceptional circumstances – here is our main page on exhumation of the subject, here […]

Dignitas loses case on Scattering Ashes in Lake Zurich

Several years back the clinic that helps people with assisted suicide got into trouble for disposing of people’s ashes in Lake Zurich, Switzerland. This then started a lot of commotion and five years on the state moved to prevent this practise. Dignitas fought this saying that it was an unfair restriction of trade. However, the […]

Family ashes plots: A way to persuade the church to allow exhumation?

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I have written on the subject of exhumation of ashes many times because each case is slightly different and it interesting to see the church’s stance. As usually the salient points from the judge get reported. In case you are not aware, if ashes are buried on consecrated land the decision whether to allow exhumation rests with […]

Ian Brady’s ashes – can they be scattered on Saddleworth Moor?

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Ian Brady’s ashes Ian Brady, one of Britain’s most infamous serial killers died this week. One might expect that to be the end the matter. Not so, there has been a great furore over what should happen to his ashes. The corner in Sefton, a Mr Christopher Sumner, said that they will not release the […]

Holy Cross church yard in the north Wiltshire village of Sherston

Exhumation Granted due to Proximity to the Footpath

As you may have seen from other posts I try and highlight as many examples of formal exhumation for Church of England cemeteries as possible so I can give you an idea of what constitutes exceptional circumstances as possible. If you are not aware exceptional circumstances are the criteria the Church of England puts in […]

The Legal Definition of Cremation Ashes

The Legal Definition of Cremation Ashes Finally, we have a legal definition of cremation ashes in England and Wales. While it may seem surprising that nothing had been formally established before, it is reassuring that we now have a clear definition set out in the new Cremation (England and Wales) (Amendment) Regulations 2016. According to […]

Vatican’s updated stance on Cremation Ashes

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Catholic Church Stance on Scattering Ashes The Catholic Church has issued clear guidance on what should happen to a person’s ashes after cremation. This came from the Vatican’s Instruction “Ad resurgendum cum Christo” (To Rise with Christ), which outlines how the faithful should treat cremated remains in accordance with Catholic teaching. While cremation is now […]

He who Pays the Piper – Gets the Ashes

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This is an extreme example of a fairly common problem. A young mother of 24 has been left heartbroken. As she is not able to receive the ashes of her child. She lost her child to cot death at 9 weeks, her controlling and abusive ex-partner who has since been sent to prison nine on charges of […]

Exhumation granted to family of Chinese Buddhist

Good news for the family of Mr Quoc Tru Tran. They have been given permission to remove his body from Manchester’s Southern cemetery in Chorlton, have it cremated, so that they can have them reinterred next to his wife in the Buddhist temple in Old Trafford. The Church of England court that has jurisdiction over […]

A change of mind is not a good enough reason

Seeking to exhume a loved one’s ashes is difficult when they are buried on Church land, you will need to apply to the Consistory Court of the diocese and demonstrate: exceptional circumstance. On the blog we like to report any case we come across so that you can get a better pictures as to what […]

Do they actual burn the coffin at a cremation or is it faked and they keep it and resell it

Do they burn the coffin when you get cremated

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Do They Burn the Coffin When You Get Cremated? A common question that often arises when discussing cremation is, “Do they burn the coffin with the body?” To those in the funeral industry, the answer might seem obvious, yet it’s a query that comes up frequently. The simple answer is: yes, the coffin is cremated […]

The Ministry of Justice response to our question on exhumation of ashes

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This was our enquiry: Hello Since the recent interest in exhumation articles in various national papers, I am trying to clarify a couple of things The MoJ gets around 25 applications per week for exhumation what is the percentage spilt (roughly) between whole body / standard burial and burial of cremated remains? As I understand […]

King Arthur wants Cremated Remains reburied at Stonehenge

Apparently the legendary king of England has been reincarnated, what’s more Arthur Pendragon is on the war path once more. He and bands of druids are not happy the cremated remains dug up and removed from Stonehenge are not being treated with due respect and they want them returned to the earth where they belong. […]

Making a Will

Making a Will Making a Will. There was yet another thought provoking article article in the family section of the Guardian yesterday, a woman who has no children talks through the process of making a will. We all find this process difficult, staring your demise in the face and making confident decisions about what will […]

Exhumation is getting the Church hot under the (dog) collar

Church of England objects to rising exhumation requests, especially for ashes It seems the case of Mrs Gooch, who wanted her mums cremated remains moved as she could not access the grave as she was wheelchair bound. The church refused as it was not exceptional circumstances. The Sunday Express, the Guardian and the Telegraph all […]

sign about scattering ashes a does and donts

A sign of the times – Ontario’s guidance on scattering ashes

How Ontario’s provincial parks are helping families scatter cremated remains responsibly The Ministry for Natural Resource in Ontario, Canada has taken a progressive step about the scattering of ashes in its jurisdiction. It has been legal to scatter ashes on provincial crown land since 2009, but the public have been requesting greater clarity and the ministry […]

exhumation pensioner Norfolk church yard

Pensioner failed to get exhumation order on the grounds of access

A pensioner from Norfolk has failed in her attempt to get the ashes of her mother exhumed. She had partitioned the Church of England’s Consistory Court but to no avail. Mrs Queenie Ivy Gooch wanted the ashes of her mother moved from the Churchyard in Gunton to the nearby Kirkley Cemtery so that she could […]

Forensic science and the case of the dubious ashes

When cremated remains become evidence — scientific testing and legal questions I think most of may raise questions if we received a love remains back and we got a solid grey lump back like the one in the picture. This is what happened to family of a man in the US, what is more it […]

Armenians are considering cremation, what don’t they like? Columbarium

Armenians Are Considering Cremation: Understanding the Concerns and the Role of the Columbarium Armenian parliament speaker Galust Sahakyan has been advocating for amendments to the law to allow for cremation, positioning it as part of a modern and evolving Armenia. However, he has also emphasized that no changes will be made that go against Armenian […]

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