- The right to control cremated remains passes in a set order of priority, starting with the personal representative named in the will.
- A written preference in a will or preneed contract binds the person with control, if it is not unreasonable, impracticable or a cause of hardship.
- Rules for Crown land, parks, private land and water depend on who owns or manages the place, so ask them before you scatter.
Many families want to scatter ashes somewhere that mattered to the person who died. Two questions come up: who gets to decide, and whether you are allowed to scatter in that particular place.
This article covers the first question in detail, because British Columbia law sets an order of priority. For the second, the answer depends on the place and who is responsible for it, so we explain how to approach it.
This article covers the law of British Columbia.
Who has the right to decide
Under the Cremation, Interment and Funeral Services Act, the right to control disposition of human remains or cremated remains goes in a set order. The order is:
- the personal representative named in the will
- the spouse
- an adult child
- an adult grandchild
- a guardian, if the deceased was a minor
- a parent
- an adult sibling
- an adult nephew or niece
- an adult next of kin under WESA s. 23(5)
- the minister under the Employment and Assistance Act or the Public Guardian and Trustee
- an adult with a personal or kinship relationship
If the person with the right is unavailable or unwilling, the right passes to the next person in the order. Where several people have equal rank, such as several adult children, priority is set by their agreement, and with no agreement it begins with the eldest and descends in order of age.
Written wishes in a will or preneed contract
If the person left a written preference about disposition in a will or preneed contract, it 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. So a wish to have ashes scattered at a certain lake may need to be followed, but only if it can reasonably be carried out.
If you cannot find a will, a wills search may help you learn whether one was registered. A will can also contain instructions that are not obvious from a registry result, so a lawyer can help you check.
When family members disagree
A person claiming sole control may apply to the Supreme Court. The court considers the feelings of those connected to the deceased, with particular regard to the spouse, religious practices, the deceased's reasonable directions, and family hostility or a capricious change of mind. The person the court names is deemed to be at the top of the order of priority.
A court application is a serious step. Many families reach agreement first, and a lawyer can help you weigh the options.
Crown land, parks, private land and water
Having the right to decide about the ashes does not by itself answer whether you may scatter them in a given place. The pages we rely on do not set out a single rule for each type of location, so the practical approach is to find out who is responsible for the place and ask.
| Kind of place | Who to ask first |
|---|---|
| Crown (provincial) land | The provincial or other agency that manages the area |
| Parks | The park's managing authority, which may have its own policy |
| Private land | The landowner, in advance and ideally in writing |
| Lakes, rivers and ocean | The authority responsible for that waterway or shoreline, and any nearby landowner |
Policies can differ from one park or area to another, and they can change. Confirm the current position directly with the manager before the day.
What to do next
- Work out who holds the right to decide, using the order of priority.
- Look for any written preference in a will or preneed contract.
- If there are several people of equal rank, try to agree in writing.
- Contact the owner or manager of your chosen place and ask what is allowed.
- Keep a note of any permission you receive.
- Speak with a lawyer if family members disagree or the instructions are unclear.
Frequently asked questions
Who decides what happens to the ashes?
The right goes first to the personal representative named in the will, then down a list that starts with the spouse and adult children. If someone is unavailable or unwilling, it passes to the next person.
What if the will says where to scatter the ashes?
A written preference in a will binds the person with control, as long as it is not unreasonable, impracticable or a cause of hardship.
What if my siblings and I cannot agree?
Where people share equal rank, priority is set by their agreement, and with no agreement it begins with the eldest. A person claiming sole control may apply to the Supreme Court.
Do I need permission to scatter ashes on Crown land or in a park?
The rules depend on the place and who manages it, so ask the responsible authority before you go. Do the same with a private landowner.
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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