38 | NSW NEWS
DEAR LEGAL HELP DESK Q
We recently sold up an overdue storer’s unit and now have in our possession an urn of ashes, what should we do with them?
A
(Australian members):
The disposal of ashes is an ethical rather than legal dilemma for the Facility. We recommend making further attempts to contact the storer and the Alternate Contact Person (ACP), including a notice in writing providing that if no arrangements are made for the ashes to be collected within a set period (e.g. 60 days), then the Facility will dispose of it without further notice. The Facility should make a file note of each attempt. In the event these attempts are unsuccessful, the Facility may dispose of the ashes. We note that local council and other public bodies have varying requirements concerning the disposal of ashes, with some having no formal or published policy. It may be helpful to contact the crematorium listed in the crematorium certificate and ask whether they have somewhere that ashes can be sensitively disposed.
INSIDER 115 OCTOBER / NOVEMBER 2020
A
(New Zealand members):
A similar position applies in NZ. We would like to add that as disposal of ashes is such a sensitive matter, we recommend that the Facility ensures that it holds onto the ashes for a sensible period of time after the notice period expires and of course that it keeps copies of all notices that it has sent to the storer and ACP. While there is no legal obligation to hold on to the ashes for longer than usual, it would reduce the risk of causing distress to the storer (if they did turn up at a later date) and possibly negative publicity if the storer publicised the disposal of ashes. Like Australia, many local councils in New Zealand restrict how ashes can be disposed of. If you have details of the crematorium that processed the ashes, we recommend contacting them for advice.
Q
We have the Agreements, ID, death certificate and a Letter & ID from a storer’s Mother & ACP stating that they give permission for us to dispose of the storers items. Can we now proceed with disposal?
A
(Australian members):
On the death of a Storer, all property including the goods in his storage unit vest in either the executor under his will or the administrator of probate (appointed by the court). Only the executor or the administrator is legally permitted to deal with the Storer’s assets. Therefore the facility should only follow the Storer’s mother’s request for disposal of the stored goods, if you are satisfied that the mother has legal capacity. The best way to ascertain her legal capacity is to sight a grant of probate or letter of administration appointing the mother by name. These are official court documents and will have a court seal on them. In certain situations, however, where the estate of the deceased is of little value, the executor/next of kin may not elect to obtain a grant of probate due to the costs involved. Should such a circumstance arise, we recommend having the executor/next of kin of the estate sign a statutory declaration which includes an indemnity provision. This will allow the facility to deal with the goods at the direction of the Executor/next of kin without probate being obtained and with limited risk.
www.selfstorage.org.au
