7 min read
08 Sep
08Sep

Author: Chris Watts, Private Client Consultant (Fern Wills & LPAs)

Last verified: 8 September 2025 (England & Wales)


Quick-read summary

Many people take comfort from writing their ashes wishes into their Will. We will record your preferred place — clearly and respectfully — and provide simple guidance for your executors. In England & Wales there’s no blanket ban on scattering ashes, but permission is usually needed on land you don’t own, and some places (churchyards, cemeteries, certain parks/estates) have specific rules. Scattering at sea and on many rivers/lakes is generally allowed without a licence, provided environmental guidance is followed.

Bottom line: Yes, we’ll include your wishes — and we’ll help your executors do it properly when the time comes. The finer details (such as map references, Plan Bs, or contact names) are best placed in a Letter of Wishes, which sits alongside your Will and can be updated as needed. We also recommend recording them in your Life & Legacy Log so your executors have everything in one place.


Practical checklist (for clients)

  • Tell us your preferred location and a brief “why it matters”.
  • Add a map reference (postcode or what3words) and a Plan B nearby — ideally in your Letter of Wishes for flexibility.
  • If it’s private land/venue/park/churchyard, note the owner/manager and any contact details.
  • If it’s by water, say whether shoreline or from a boat.
  • Decide if you’d like small keepsakes (e.g. jewellery/keepsake urn) and who should hold them.
  • Let your executors know where this is recorded (Will + Life & Legacy Log + Letter of Wishes).

What to consider

  • Land you own: fine to scatter, but think about future access if the property is sold.
  • Public/Private land (parks, estates, stadiums, National Trust, churchyards): you’ll usually need permission from the landowner/manager. Policies vary — some allow discreet scattering in set areas; others don’t.
  • Cemeteries & churchyards: many have their own regulations. The Church of England, for example, distinguishes between interring or “strewing” ashes (gently placing or raking them into the soil of a defined plot, usually permitted in designated areas) and scattering ashes more widely (often restricted). Always check the local policy before planning.
  • At sea: no licence is required to scatter ashes at sea after a cremation (different from burial at sea, which does need an MMO licence).
  • Rivers & lakes: generally permissible without a licence if you follow Environment Agency guidance (e.g., avoid marinas/angling areas and keep clear of drinking-water intakes; 1 km is a common rule of thumb).
  • Local variations: some councils/landowners forbid scattering in certain spaces or restrict it to designated gardens of remembrance.
  • Tip: If you’re unsure about permissions, record the broad wish in your Will and put exact details (map ref, Plan B, contacts, “common courtesy” notes) in your Letter of Wishes or Life & Legacy Log so it can be updated without re-signing the Will.*

How this works in real life

We recently helped Mr Davis, who wanted his ashes at a clifftop spot he loved. We recorded his first choice and a Plan B on nearby council-managed land. The fine detail (map refs, estate office contact, and courtesy notes) went into his Letter of Wishes and his Life & Legacy Log. When the time came, his executors contacted us; we confirmed permissions, shared the documents, and everything was carried out simply and respectfully.

Note: Many people picture scenes like Del and Rodney in Only Fools and Horses when they tried to scatter Uncle Albert’s ashes at sea. It’s a funny but touching reminder that scattering ashes is both deeply personal and sometimes unpredictable — which is why it helps to give executors clear, written guidance.


FAQs

1) Can I put a specific location in my Will?

Yes. We’ll include it clearly — but for precise directions (map refs, Plan Bs, contact details) we usually suggest using a Letter of Wishes or your Life & Legacy Log. That way you can update the details without re-signing your Will.

2) Do my executors have to follow my wishes?

Funeral wishes aren’t legally binding, but executors normally do follow them. Having your instructions in a Letter of Wishes or Life & Legacy Log makes it practical for them to act.

3) Do we need permission on beaches, parks, National Trust or sports grounds?

Usually yes — ask the landowner/manager first. Policies vary widely, so an advance phone call saves disappointment.

4) Do we need a licence to scatter at sea?

No licence is required to scatter ashes at sea (licences apply to burials at sea).

5) What about rivers and lakes — do we apply to the Environment Agency?

There’s no licence to scatter, but follow the EA guidance (avoid marinas/angling areas and keep well away from drinking-water intakes; ~1 km is typically advised).

6) What’s the difference between scattering and strewing ashes?

Scattering usually means casting ashes widely into the air, over land, or on water. Strewing (sometimes called strawing) means gently placing or raking ashes into the soil of a specific area (e.g., a garden of remembrance). Some churchyards/cemeteries allow strewing in designated plots but do not allow general scattering across the grounds.

7) If permission is refused, what do we do?

Use the Plan B recorded in your Letter of Wishes or Life & Legacy Log, or speak to us — we’ll help find a suitable alternative.


Optional Technical Notes (for those who want the detail…)

  • Regulatory backdrop: There’s no single statute in England & Wales banning scattering ashes. Issues arise from property rights (trespass/nuisance), site-specific rules (cemetery/churchyard regulations) and environmental guidance.
  • Marine area: No licence to scatter at sea; a licence is needed for burial at sea (designated areas).
  • Inland waters: EA guidance typically advises avoiding marinas/angling areas and keeping ~1 km away from drinking-water intakes.
  • Landowner policies (illustrative): Councils and organisations (e.g., National Trust properties, some parks/cemeteries) may prohibit or restrict scattering; always seek permission where required.

Letter of Wishes template (ashes section)

When writing your Letter of Wishes, include:

  • My preferred location: __________
  • Why it matters to me: __________
  • Exact spot (postcode or what3words): __________
  • Plan B location: __________
  • Landowner/manager contact (if applicable): __________
  • Courtesy notes (e.g., quiet times, check wind direction): __________
  • Keepsakes (who should receive them): __________

Mini executor checklist (ashes)

  • ✅ Check Will, Letter of Wishes, and Life & Legacy Log for ashes instructions.
  • ✅ Obtain permission if scattering on private land, churchyards, or specific venues.
  • ✅ Follow Environment Agency guidance for rivers/lakes.
  • ✅ If sea scattering: no licence required, but be mindful of safety/weather.
  • ✅ Use Plan B location if first choice not possible.
  • ✅ Contact Fern Wills & LPAs for guidance if uncertain.

Environmental impacts note

Ashes are high in phosphate and can affect soil balance. Scattering directly on sensitive planting or lawns can harm growth. Consider scattering in wilder ground, mixing ashes with soil, or planting a memorial tree with part of the ashes.

  • Note: This is another reason to use the Life & Legacy Log — it prompts you to think about environmental considerations and keeps your executors well-informed.*

Who to contact (for permission)

Examples of people executors may need to approach:

  • Parish or diocesan office (for churchyards)
  • Cemetery office or local council bereavement services
  • National Trust site office or estate ranger
  • Harbour master or marina office (if near water)
  • Venue/event ground managers (stadiums, golf clubs, etc.)

Suggested wording for a permission request:

“I am the executor of [name], who passed away on [date]. Their wish was for ashes to be scattered at [location]. Could you please let me know if this is possible, and if there are any rules or designated areas I should follow?”

Sources & further reading

  • Marine Management Organisation — Burial at sea (licensing) and guidance on scattering
  • Law Society practice notes / Environment Agency guidance on inland waters
  • Church of England guidance on cremated remains in churchyards (interment/strewing vs scattering)
  • Local council or site-specific policies (parks, estates, cemeteries, National Trust)

Next steps

Clients: tell us your preferred location. We’ll include it in your Will, and we recommend using a Letter of Wishes and your Life & Legacy Log for the exact details (map ref, Plan B, permissions contacts).

Executors: when the time comes, please contact Fern Wills & LPAs. We’ll share the Will instructions, Letter of Wishes, and Life & Legacy Log to help you follow local rules and good “common-courtesy” practice.

Remember: We’re here to make this simple and respectful for everyone involved.

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