Permission to scatter cremated ashes?

[MarcoPoloCX]

Long story short.
A sibling that I don't get on wants to put in his will that he wants his cremated ashes to be scattered over or by our mum's grave.

I am the grave owner.
Does he need mine or the cemetery's permission for a will to be drawn up?

Did your mum get on with him? Is it something you think that she would want? If the answers are yes then unless there's something very serious that prompted you to not get on then I wouldn't create a row over this regardless of the legal position.

You need to ask for permission, unless you own the exclusive right of burial for the plot.

Nobody will notice if you are discreet

I agree, is it really worth disagreeing with it

You can draw up your will however you like. Doesn’t mean you can enforce what happens after your death. To scatter ashes on your mothers grave the person scattering needs your permission as landowner. To scatter them around her grave he needs permission of churchyard/ council whoever owns the land.

I suspect a lot of scattering happens without permission too. I’d just make peace with it if you can.

You'll not stop someone doing it if they want to. Whether permission is needed or not.

Easier said than done but try not to let it get to you.

If the ashes are just scattered on top then surely the wind will come along and sort the problem for you.

You may get charged if you ask. We were quoted £150!
It's 'free' if you do it discretely whilst tidying the grave.

NB I agree with others - I would go with what your mum would have wanted.

Putting his wishes in his will is fine as far as providing guidance for others is concerned but your sibling needs to be cognisant of the following:

Just take care wherever you “scatter” because it can be illegal or at the very least, frowned upon. Could be embarrassing if you are caught in the act. There’s a surprising quantity of ashes so be aware it can take a few minutes to disperse them.

At my church you must not “scatter.” Human ashes have to be interred. Speak to your local authority or vicar if you are unsure of the local protocol.

If you do “scatter” make sure it’s not a breezy day! Ask the crematorium for a proper scattering container.

No permission is needed for the will to be drawn up.

When it comes to actually scattering the ashes, the legal position is that your permission will be needed if you own exclusive rights to the burial site. If you do not own exclusive rights, the cemetery's permission will be needed.

I know this is not helpful to you OP, but it’s a good story for anyone who remembers Alastair Cooke’s Letter from America.

Have screenshotted page as there is a paywall on the Telegraph’s website.

We had a friend who was a Venetian, his widow and sons scattered his ashes into the Grand Canal, discretely as not really allowed. Anyone read Last Orders by Graham Swift, very funny!