Family Dispute Over Cremation of Franco-Moroccan Man Reaches French Court

The absence of the last wishes of Mr. B., who died on November 13 at the age of 64, divides his family. While his daughters and his ex-partner wish that his body be cremated in France, his brothers and sisters living in Morocco demand the repatriation of the remains for burial in the kingdom, his place of birth. On Thursday, the Nantes Judicial Court ruled on this case, reports the regional daily Presse Océan. In the judgment, "it is established that Mr. B.* did not express any particular will, positively or negatively, regarding the organization of his funeral. [...] In the absence of express provisions of a deceased person regarding the arrangements for his funeral, it is necessary to seek by any means what may have been his wishes and, failing that, to designate the person best qualified to decide on the arrangements," states Le Figaro, which has a copy of the judgment.

While the brothers and sisters, represented by a hospital chaplain of the Muslim faith, argued that the sexagenarian, who was ill, "was steeped in Arab-Muslim culture from the beginning, maintained ties with his country of origin" and must be buried according to the Muslim rite, the daughters and the ex-spouse of the deceased "do not consider him to be a practicing Muslim." It also emerges from the explanations of Mr. B.’s children that their father "would have expressed to the social worker the wish" to be "cremated" and to have his ashes scattered at sea.

Noting that the "testimonies produced in the debates" by the brothers and sisters of the Moroccan expatriate "do not sufficiently prove that Mr. B. wished the repatriation of his body to Morocco and a burial, nor even that he was firmly opposed to cremation," the court designated his two daughters and his ex-partner as the persons "best qualified to determine the funeral arrangements." Consequently, the body of Mr. B. will be cremated. Dissatisfied, the representative of Mr. B.’s brothers and sisters will appeal.

*Out of respect for the family, Le Figaro has chosen to anonymize the names and first names of those concerned.