Summer in Australia is typically associated with sun, surf and cricket.
The Ashes is one of the most famous rivalries in international cricket. It has been contested by Australia and England since 1882.
Sadly, there are sometimes far more emotional disputes over ashes of a very different kind: the ashes of a loved one following their cremation.
Who Gets a Loved One’s Ashes After Cremation?
Disputes can arise when family members disagree about what should happen to a deceased person’s ashes.
For example, family members may disagree about where the ashes should be kept, whether they should be scattered or buried, or who should have possession of them.
These disputes can become particularly difficult when family relationships are complicated. They can also become more challenging when different family members have different views about the deceased person’s wishes.
In some circumstances, courts may need to become involved to resolve a dispute about a deceased person’s remains or ashes.
In some cases, a court has made orders that divide ashes between disputing family members. While some people may accept this approach, others may find it deeply distressing.
Why Estate Planning Matters
Careful estate planning involves more than deciding who will inherit your assets.
It can also help you communicate your wishes and reduce uncertainty for your family after your death.
Your wishes about your funeral, cremation and remains can form an important part of your overall estate planning. However, the legal arrangements surrounding cremation and ashes can involve more than the terms of your Will alone.
In Queensland, the Cremations Act 2003 (Qld) contains specific provisions about cremation and the disposal of ashes.
For example, where a deceased person has left signed instructions that their remains be cremated, the legislation requires the personal representative to arrange for the cremation in accordance with those instructions, subject to the requirements of the Act.
The legislation also deals with the disposal of ashes. After a cremation, the person in charge of the crematorium must generally follow the applicant’s reasonable written instructions about the disposal of the ashes.
How Can You Reduce the Risk of a Dispute?
If you have clear wishes about what should happen after your death, it is important to communicate those wishes clearly.
As part of your broader estate planning, you may wish to consider:
- Whether you want to be buried or cremated.
- Where you would like your funeral or memorial service to take place.
- What you would like to happen to your ashes after cremation.
- Who you would like to be involved in making the arrangements.
- Whether your family members understand your wishes.
Clear instructions can help reduce uncertainty. They can also give your family greater confidence about how you wanted your remains to be dealt with.
Can a Will Help Prevent a Dispute Over Ashes?
A properly prepared Will can form an important part of your overall estate plan. It can help ensure your family understands your wishes and knows who is responsible for administering your estate.
However, your wishes about cremation and the disposal of ashes should also be considered alongside the relevant Queensland laws and any other arrangements you make.
This is particularly important if you expect disagreements between family members or have a complex family structure.
What Happens If Family Members Disagree?
Unfortunately, family members do not always agree about what should happen to a loved one’s ashes.
When a dispute arises, the circumstances of the individual case will matter. The deceased person’s wishes, the applicable legislation and the relationship between the parties may all need to be considered.
If the family cannot resolve the dispute, legal advice may help the parties understand their options.
Obtaining advice early may also help prevent a disagreement from becoming a more serious legal dispute.
Keep the Battle for the Ashes on the Sporting Field
Having a properly prepared Will and estate plan can help provide greater clarity about your wishes.
It can also help reduce uncertainty for your loved ones during an already difficult time.
After all, the battle for the Ashes is best kept on the sporting field and out of the courtroom.
Get Advice About Your Estate Plan
Estate planning involves more than deciding who will receive your assets. It also involves considering how you want your affairs dealt with after your death.
Our experienced lawyers can help you prepare an estate plan that takes your circumstances and wishes into account.
If you are reviewing your Will or want to discuss your broader estate planning needs, contact us today to discuss your circumstances.