Legal Question in Family Law in Canada

who has the right to the ashes?

My brother passed away a few years ago and he was cremated. While he was alive he lived in a foster home due to medical reasons. However he had been on his own for a number of years prior to his death. He was cremated and there has been an on going struggle for my parents to obtain his ashes. Do we have legal right to them because he was not adopted?


Asked on 3/25/03, 5:07 pm

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: who has the right to the ashes?

As noted on the website, THIS ANSWER APPLIES TO BRITISH COLUMBIA ONLY.

In British Columbia, as long as your brother was an adult and not a ward of the State, the administrator of his estate (if he died without a will) and the executor (if he did have a will) have the right to say what happens with his ashes. If the administrator of his estate was the official administrator, then he is the person with the power to decide, and he should be approached. If your brother had not yet reached the age of 19, the situation may be different.

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Answered on 3/25/03, 6:26 pm


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