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Ask Maverick Your Own Question
Maverick, Advocate
Category: UK Law
Satisfied Customers: 6392
Experience:  20 years proefessional experience
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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.
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.
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Expert:  Clare replied 2 years ago.
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?
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.