- Before choosing a location, confirm who has the legal right to control the remains, which follows a set order of priority.
- A written preference about disposition in a will or preneed contract binds the person with control, as long as it is consistent with the Human Tissue Gift Act and is not unreasonable, impracticable or a cause of hardship.
- Rules and permissions for scattering or burial differ by type of land, so confirm with the landowner and the body that manages the land before you act.
Many families want to scatter ashes somewhere meaningful or bury a loved one on family land. The practical questions come quickly: is it allowed, do you need permission, and does it matter whether the land is private, a park or Crown land?
The answer depends on the specific land and who is responsible for it. This article explains who has the right to decide, what to ask before you go ahead, and where you should check with the landowner or government body rather than assume.
This article covers the law of British Columbia.
Start with who has the right to decide
The right to control disposition of human remains or cremated remains goes to people in a set order of priority under the Cremation, Interment and Funeral Services Act. The personal representative named in the will comes first, followed by the spouse, adult children and others.
A written preference about disposition in a will or preneed contract binds the person with control, provided it is consistent with the Human Tissue Gift Act and is not unreasonable, impracticable or a cause of hardship. If the person with the right is unavailable or unwilling, the right passes to the next person in priority.
If relatives disagree about where
Where people share equal rank, such as several adult children, priority is set by their agreement. With no agreement, it begins with the eldest and descends in order of age.
A person claiming sole control may apply to the Supreme Court. The court considers the feelings of those connected to the deceased, including religious practices and the deceased's reasonable directions. Agree on the location before ashes are scattered or a burial happens, because neither can be undone.
Private land, parks and Crown land
The rules and permissions that apply can differ depending on whose land it is. This article does not set out those specific rules, and you should not assume that a spot is allowed because others have used it.
| Type of land | Who to ask first |
|---|---|
| Your own private land | Your local government, about any bylaws or zoning, and a lawyer about land title and future owners |
| Someone else's private land | The landowner, in writing |
| A park | The government or agency that manages the park |
| Crown land | The provincial or federal body responsible for that land |
For a home burial in particular, ask the local government and the funeral provider what is required before any remains are placed in the ground.
Things to think about before you choose a place
- Will the family be able to visit later, and could the land be sold?
- Is there a written agreement from the owner if the land is not yours?
- Does everyone with a say agree on the location?
- Do you need to keep a record of where the remains were placed?
- Does the decision match the deceased's written wishes, if any?
What to do next
- Confirm who has the right to decide, using the priority order.
- Check the will or any preneed contract for written wishes.
- If several people share equal rank, ask them to agree on who decides.
- Contact the landowner, local government, or park or Crown land manager to confirm what is allowed and whether a permit is needed.
- Speak to the funeral provider about timing, and to a lawyer if the family disagrees.
Because the rules turn on the land and the facts, it is worth confirming your plan with the body responsible for the land and, if needed, a lawyer before you act.
Frequently asked questions
Can anyone in the family scatter the ashes?
The right to control cremated remains goes to people in a set order of priority, starting with the personal representative named in the will. If the person with the right is unavailable or unwilling, the right to give instructions passes to the next person in priority, and where several people have equal rank, they set priority by agreement or, with no agreement, it begins with the eldest and descends in order of age.
Do I need a permit to scatter ashes?
It depends on whose land it is and who manages it. Ask the landowner, local government, or the park or Crown land manager before you go ahead.
Can I bury a loved one on my own property?
This depends on the land and local requirements, which are not set out here. Check with your local government and the funeral provider first, and consider legal advice about land title.
What if the will says where the ashes should go?
A written preference in a will or preneed contract binds the person with control, as long as it is consistent with the Human Tissue Gift Act and is not unreasonable, impracticable or a cause of hardship.
Sources
- Cremation, Interment and Funeral Services Act (BC Laws) — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
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