How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick
Maverick, Advocate
Category: UK Law
Satisfied Customers: 6390
Experience:  20 years proefessional experience
16823287
Type Your UK Law Question Here...
Maverick is online now
A new question is answered every 9 seconds

Funeral Director has not given me back my brothers ashes, it

Customer Question

Funeral Director has not given me back my brothers ashes, it seems to me they lost the ashes . What Can I do legally ?
Submitted: 2 years ago.
Category: UK Law
Expert:  Maverick replied 2 years ago.
First can you take a look at your contract and see if there is a clause that speaks to limiting damages under those circumstances to a fixed amount or a refund of your fee?
Customer: replied 2 years ago.
There is nothing in the contract regarding this matter. Ashes are supposed to be returned to the relatives within 2 weeks.
Main concern is why don't they contact me , explaining what has happened to my brother's ashes.
Expert:  Maverick replied 2 years ago.
There is a good chance that they may have lost the ashes.
http://www.sun-sentinel.com/local/palm-beach/fl-belle-glade-lost-ashes-20141017-story.html
http://articles.orlandosentinel.com/2010-06-18/news/os-wrong-ashes-20100618_1_funeral-director-funeral-home-employee-cremated
At the links above are just a few examples of what can happen in similar circumstances.
Right now, you can sue them for breach of contract since they missed the 2 week deadline. Or, you can send them a demand letter to produce the ashes within the next 3 days or you will be left with no choice but to file suit. As you go forward, be on the look out for any cover-ups for their mistake. If they try to perpetrate a fraud on you by sending you someone else's ashes, you may have a larger tort claim against them.
Please assign a feedback rating so JA will compensate me for my time. You are free to ask follow up questions thereafter at no charge. Please allow up to 24 hours for a follow-up response if I am signed off.
If, for some reason, you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place. Also, if you need a refund, just let me know and I will inform JA on your behalf. Finally, you may request me in the future by beginning the question with "THIS IS FOR MAVERICK".
Thank you for using Just Answer. Best wishes for 2015!
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question I note that you are in England or Wales and not the United States.
Could you tell me did your brother leave a Will and if so are you one of the Executors?
Clare
Expert:  Maverick replied 2 years ago.
By the way, you do not have to be an executor of your brother's will in order to sue for tort based remedies.
If you want to sue for breach of contract, you may need to see in what capacity the contract was signed with the funeral home. If you signed in your individual capacity, then you can sue it for breach. If you signed as an executor of your brother's estate, then the estate would need to sue for breach.

Related UK Law Questions