Navigating through the death of a friend or family member can be incredibly challenging, from managing grief to trying to fulfill last wishes and working through the legal requirements and documentation. The Cremation, Interment and Funeral Services Act is the law that regulates funeral services, cemeteries and crematoriums. This law also outlines who has final say around what happens to a loved one’s remains once they have passed on.
Section 5 of the Cremation, Interment and Funeral Services Act specifies, in priority order, who has the right to control the disposition of a loved one’s remains:
- The personal representative named in the will of the deceased;
- The spouse of the deceased;
- An adult child of the deceased;
- An adult grandchild of the deceased;
- If the deceased was a minor, a person who was a guardian who had care and control of the deceased at the date of death;
- A parent of the deceased;
- An adult sibling of the deceased;
- An adult nephew or niece of the deceased;
- An adult next of kin of the deceased, determined on the basis provided by section 23 (5) of the Wills, Estates and Succession Act;
- The minister under the Employment and Assistance Act, or if the Public Guardian and Trustee is administering the estate of the deceased under the Wills, Estates and Succession Act, the Public Guardian and Trustee;
- An adult person having a personal or kinship relationship with the deceased, other than those referred to in paragraphs (b) to (d) and (f) to (i).
You can find out more information on this topic, including a list of definitions, on the funeral services section of our website.
ADDITIONAL READING:
Have you had “the talk”? Steps to take & 5 tips about funeral services
Your preneed cemetery or funeral services contract rights
Cemetery and funeral services: do you know your rights?
Steps to take following a death
I am curious to know if my granddaughter (6) has rights to her mother’s ashes, which are being kept by her mother’s adopted mother.. My son and my granddaughter’s mother were separated but close co-parents when my granddaughter’s mother unexpectedly passed. My son is now single parenting my granddaughter. We have repeatedly asked for some of the ashes to make a necklace for my granddaughter. It has been a year and two months and there has been no service despite the adopted mother’s assurance that she will let us know when she holds one. We have given up and are having our own. I asked for some ashes again today and now she is just not responding. What if anything can we do?
Hello Laura, my best recommendation here is to speak to a lawyer. ClickLaw has a list of free or low-cost legal resources that you may find helpful. Here is their website: https://www.clicklaw.bc.ca/services
Hello- my mum passed away and left a will leaving our oldest sister , myself and youngest sister as co-executors; we are also numbered in the will. Who gets to decide what happens to the ashes?
My older sister thinks she does as legal next of kin and being the oldest ; if it matters, she also signed for the remains, etc.
Hi Candace, I’m so sorry to hear about your mum. Please accept our condolences. It’s my understanding that as co-executors, it would up to the three of you to follow the written instructions/wishes that your mom laid out in her will about what to do with the ashes. If your mom did not specify instructions about her ashes in her will, the three of you can agree on what to do with the ashes amongst yourselves. If you cannot agree, the right begins with the eldest person and descends in order of age. This is my understanding based on the info on this page here: https://www.consumerprotectionbc.ca/consumer-help/consumer-information-funeral-rights/ and in the Act here:https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/04035_01#section5
If you would like further clarification or would like a legal opinion, I would suggest speaking to a lawyer. I hope this helps and best of luck!