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Old 20.02.2014, 04:30
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Who governs funeral parlours?

I need to find out who is the governing body (sorry for pun) over funeral parlours. My brother's ashes have been given by the parlour in question to another person who is nothing to do with our family and we want them back. They have been stolen. Grateful for any information. Thanks.
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Old 20.02.2014, 08:56
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Re: Who governs funeral parlours?

In the UK (your profile states your location as Suffolk) or in Switzerland?

The first question has to be, have you contacted the funeral home in the first instance and did they offer any help?
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Old 20.02.2014, 09:03
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Re: Who governs funeral parlours?

I think this would be a simple city police matter.

Swiss telephone book http://www.local.ch/en

Is there a governing body? Probably only a society of practitioners, and common Swiss laws.
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Old 20.02.2014, 12:18
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Re: Who governs funeral parlours?

Sorry for the losses of your brother.

If funeral homes are regulated it is either a cantonal or communal matter.

Otherwise it is, as Sbrinz says, a civil law matter (Swiss Code of Obligations and Swiss Civil Code). Just like, please forgive me the comparision, you bring a car to a mechanic and someone else picks it up.

About "person who is nothing to do with our family". I do not know who that actually is, but sometimes this means wife or registred partner. Both would have more right to get the urn then familiy.

Also possible, that your brother set up a will and gave precise instruction and power of attorney what should happen with his ashes. A power of attorny is valid beyond death.

If nothing of the above is true you have to go to the police and file a complaint about unlawful appropriation (Art. 137 Swiss Criminal Code) against the person who took the urn.
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Old 20.02.2014, 12:39
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Re: Who governs funeral parlours?

Having checked your other posts I see that your brother died nearly a year ago. So why haven't you received his ashes before now? Surely it doesn't take that long for a funeral parlour to get this side of things done here. Or has the legal side held things up?

What reason did the parlour give for giving the ashes to someone else?
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Old 20.02.2014, 12:46
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Re: Who governs funeral parlours?

I'm assuming the funeral parlour gave the ashes to a "next of kin" that might be the person claiming to be your brother's son?

If that's the case then it sounds like a civil matter.

If the son has claimed the remains, my question is what evidence is he showing people that he is who he claims to be? If the evidence is a birth certificate naming your brother as the father, you may face an uphill struggle here.
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Old 20.02.2014, 13:43
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Re: Who governs funeral parlours?

Thanks for all my replies - really helpful. It has taken nearly 2 years for the court case for the man who claimed he was my brother's son to collapse and for the Justice of the Peace to issue me with the Inheritance Certificate. I did not think I coud collect my brother's ashes until I had this Certificate. So its only now that I find the acquaintence of my brother (he left no will) has taken them. She is the wife of a work colleague of my brother from many years back and they were just friends. They are not related and my brother did leave his girlfriend who has nothing to do with this couple. It was this evil woman who conjured up a trap and persuaded this man in England to get legal aid and go to court. When the court case was thrown out the man said to the judge it was this woman that made him do it. It is this woman who has gone to the parlour and collected my brother's ashes and been speaking on the phone to the cemetery in London where my father is interred. I am devastated as I have had enough trouble already and it is for my family to arrange these matters. She will just not go away - if you met her you would realise what a bully she is. I like "A Swiss in the US" comment regarding a car - its exactly that and its absolutely nothing to do with others not connected to my family. Sorry have not individually answered all the repies but thanks to you all.
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Old 20.02.2014, 13:48
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Re: Who governs funeral parlours?

This sounds mental.

You have contact details for this woman? Have you sought out legal guidance from a local lawyer?
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Old 20.02.2014, 13:57
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Re: Who governs funeral parlours?

I can't understand why this woman would be interested in your late brother's ashes or indeed your father unless there was more going on than you knew. However, as it sounds as if she has no right to them the matter should be reported to the cantonal police.
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Old 20.02.2014, 14:01
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Re: Who governs funeral parlours?

Hi - Yes I live in suffolk UK and the funeral parlour is in Switzerland. We emailed each other yesterday and they seem to think that I gave permission for this at the time my brother died. I do not speak good French - I never ever agreed to anything and as I had to sign the forms as next of kin and pay for my broher to be transported to the parlour and cremated at that time they should have contacted me when somebody came to the parlour to supposedly collect the ashes. I have asked them for any evidence that I agreed to this? I have told he parlour to contact this person and get the ashes back so my husband and son can colect them in 2 weeks time else I will report the matter to the police. Terrible isn't it how somebody who is such an overbearing busy body can wade into a family's affairs that do not concern them. In fact I have my mother's ashes at my house and I am going through the court to have my father's urn removed from the cemetery in London and want my brother here so I can place their urns in our very pretty cemetery near to my cottage so we can visit them. Many thanks.
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Old 20.02.2014, 14:05
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Re: Who governs funeral parlours?

Thank you for the reply. No things are clearer. Just one last question: Who arranged and paid for the cremation?
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Old 20.02.2014, 14:10
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Re: Who governs funeral parlours?

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I can't understand why this woman would be interested in your late brother's ashes or indeed your father unless there was more going on than you knew. However, as it sounds as if she has no right to them the matter should be reported to the cantonal police.
Its exactly that - she is an overpowering interferring meddling awful person - she is going around and menacing my late brother's girlfriend and demanding the christmas card I sent my brother's girlfriend and telling her that I aa evil and no good and my brother's girlfriend wil not answer her calls anymore. she is just so ovepowering - even though my brother had similar interests with the husband and would visit them he used to say she was a pest. She thinks she rules the world - I just cannot understand how anybody can become enbroiled in another family who has nothing to do with you. She will not give up as I think she hates us. My brother was always boasting at how clever my sons are and how lovely my husband and house is and I believe that set her on the path of hatrid. Its so peculiar, I have never met anybody like this before. She is not Swiss she is from Yugoslavia - very big - very loud - shouting and alks all the time. She interfers with everybody from what I can guess and is always right. No doubt the court case in UK collapsing about the supposed son of my brother that she engineered has really starting eating away at her. In life you eet the most strange people but boy they can make trouble for you.
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Old 20.02.2014, 14:12
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Re: Who governs funeral parlours?

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Thank you for the reply. No things are clearer. Just one last question: Who arranged and paid for the cremation?
me as I had to sign the papers as next of kin and they would not remove my brother from the hospital until they wre paid in cash! - that woman came to the parlour and was meant to help me - but its backfired on me.
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Old 20.02.2014, 14:58
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Re: Who governs funeral parlours?

Do not fight two battles at the same time. Especially if one will not lead you to the thing you want. Leave out the funeral home at the moment (you may need them as your allies, and they may have been unfairly tricked) and focus on the urn.

As I mentioned previously there may be a criminal act associated with taking the urn. But, as previously said, it is mostly a civil mater.

Hence, you have to go to a court and formaly request the surrender of the urn by whom it has by name.

There are different ways how you can do this. Some of them involve the status of the urn as part of the inheritance estate. Some ways can give you more power as the others. But you have to act fast, for ex if you go the way of an inheritance case you have only one year from the time you knew the other person is in the possesion of the urn.

Best to get in the contact wih a lawayer which can explain advantage and disadavntage of each procedure. (German terms are Erbschaftsklage, Vindikationsklage, and Singularklage) http://www.cbrueckner.ch/pdf/1999_er...icheKlagen.pdf
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Old 20.02.2014, 15:03
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Re: Who governs funeral parlours?

Totally surreal thread.
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Old 03.03.2014, 15:02
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Re: Who governs funeral parlours?

The whole thing does sound most bizarre. I am Swiss and native French speaker- if you want me to talk to the Funeral Directors, with your questions and concerns, happy to do so on your behalf. PM if you wish.
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Old 08.03.2015, 03:59
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Re: Who governs funeral parlours?

Hello and thanks to everyone who answered my queries. Sorry I have not been on here for such a long time. Just to let you know that I did get my brother's urn returned by the undertaker actually going to that person's home and demanding it and threatening them with the police and he (the ashes) are now back here in UK. Also I did inherit my brother's house and the court handed me the keys and paperwork in February 2014 - so now the renovations start. My eldest son is leading this and he has already been fined when he did not stop at the border and declare a bathroom suite in the van!! There is a lot of work to be done and the local architect has drawn up the plans so we hope to get started this year so all the family can come to the house and enjoy it winter and summer. The house when I die will go to my two sons who have 4 sons between them - so the legacy will live on! My father's relatives in Norway and my mother's in Italy will visit too - so it should be exciting. Many thanks for everyone's replies. x
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