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Who owns a father’s ashes? The Court will decide

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The ashes of a father death without leaving a will divides his loved ones. (Archive photo)

  • Yannick Bergeron (View profile)Yannick Bergeron

A family is torn apart by lawsuits over the provision ashes of a man who died in tragic circumstances.

Who should get his ashes? To his ex-spouse who is the mother of his children or to the mother of the deceased?

The dispute ends up before the Superior Court, in Quebec, after the filing of a request for an injunction from the ex-spouse, the' last summer. She asks the Court to order her ex-sister-in-law to give her the ashes so that she can keep custody of them for her children.

The application instituting proceedings also implicates the mother of the deceased who would now be in possession of her son's ashes.

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In addition, ex-spouse claims 5 000 $ to each of the two women as damages for the troubles, annoyances and inconveniences.

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The case ended up before the Superior Court in Quebec. (File photo)

The deceased's sister and mother refute the woman's allegations. They responded with a lawsuit totaling $10,000, against the ex-spouse.

In the spring 2023, the father of the family took his own life, shortly after the breakup, which led to major conflicts between the three women.

The circumstances of the fateful day are mentioned in the court document.

The desperate man was in the residence he still occupied with his ex-partner despite their separation, when he committed the irreparable.

A few moments earlier, he telephoned his ex-partner to announce his intention to end his life. After the call, the woman contacted emergency services, but their intervention did not save the young father.

Since the death, the ex-spouse indicates that she finds herself in the bad graces of the family of her former life partner, due to the breakup.

She claims to be harassed by the deceased's sister, since she blames her for her brother's death and makes extremely derogatory comments.

According to the court document, the sister threatened to file a complaint against the ex-spouse to take away custody of her children and take control of the house where the couple lived.

She also alleges that the sister is damaging her reputation by spreading information that' #x27;she did not assist her ex-spouse in distress, and thus, she would be the cause of his death.

The fear of losing her children and her residence creates in her a deep feeling of anguish and intimidation, we can read in the application initiating proceedings, signed by her lawyer Me Sarah Burke.

After the death, the ex-spouse was quickly excluded from decisions regarding the arrangements funeral, by her ex-sister-in-law and her ex-mother-in-law.

The sister plans a cremation at the La Seigneurie Funeral Cooperative, which subsequently gave him the ashes.

According to court documents, the sister of deceased and his mother want the latter to keep the ashes. So, when she herself dies, she can be buried with her son in a family plot.

The cemetery where this lot is located is nearly an hour's drive from the residence of the ex-spouse who still has custody of her young children.

According to their mother, the deceased's children constantly ask her why they don't have an urn for their father and don't can go visit him at the cemetery.

Considering the above, the Applicant requests that the ashes of Mr. be given to his children.

A quote from Extract from the introductory request for proceedings of the &#x27 ;ex-spouse of the deceased

In the absence of a will, the ex-spouse's petition argues that the method of disposing of her body falls to her heirs, that is to say her children.

The ex-spouse considers that as legal guardian, the method of disposition of ashes therefore belong to him.

The sister of the deceased and his mother delegated a lawyer to defend them, maintaining that& #x27;they also have a say in the disposition of the ashes. Me Dominique Bertrand, who represents them, also responds to the allegations of moral damage, indicating that if there is damage, nothing was done intentionally.

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Me Dominique Bertrand (archive photo)

In a summary defense statement, prepared by Me Bertrand, his clients agree that there were intense discussions on both sides, in the tragic context of the situation. #x27;affair.

They reply that the ex-spouse would be responsible because of her comments and her attitude, in particular her attempts to control the funeral and to quickly get their hands on the assets of the deceased.

The two women, terribly shaken and traumatized by the death, accuse also the ex-spouse for having filed an abusive and vengeful appeal with the aim of making them suffer more.

They are therefore each claiming $5,000 from the ex-spouse for additional suffering and pain in addition to the stress resulting from the legal action taken by the children's mother.

The hearing date of the case has not yet been set by the Superior Court.

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Teilor Stone

By Teilor Stone

Teilor Stone has been a reporter on the news desk since 2013. Before that she wrote about young adolescence and family dynamics for Styles and was the legal affairs correspondent for the Metro desk. Before joining Thesaxon , Teilor Stone worked as a staff writer at the Village Voice and a freelancer for Newsday, The Wall Street Journal, GQ and Mirabella. To get in touch, contact me through my teilor@nizhtimes.com 1-800-268-7116