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who has the burial rights, in a situation atm where we lost

 
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  • Answered by:Alex
  • Solicitor - Admitted 2005
  • Positive Feedback: 94.6 %
  • Accepted Answers: 12652
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in Australia Law

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Customer Question

who has the burial rights, in a situation atm where we lost a family member my mums brother, we wanna bury him elswhere but his girlfriend of many years in de facto relationship dosnt want this, they wasnt married but have children

 

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State/Territory: qld

Already Tried:
so far only tryin to mediate with her, to have his funeralwhere he wanted tobe buried

Submitted: 295 days and 11 hours ago.
Category: Australia Law
Value: AU$69
Status: CLOSED
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Expert:  Alex replied 295 days and 11 hours ago.

Did your uncle have a Will?

If so, who was named as executor in his Will?

Customer replied 295 days and 11 hours ago.

no my uncle didnt have a will

Accepted Answer

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Expert:  Alex replied 295 days and 11 hours ago.

In that case someone has to apply for Letters of Administration from the Court. An estates law solicitor will be required for that. Once you have the Letters of Administration, you get to decide where your uncle gets buried, or if he is to be cremated.

Obviously you would need a lawyer to assist with this, but depending on where in Queensland you reside I may be able to recommend a good solicitor who could help. Just let me know if you're interested.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.

Expert TypeSolicitor - Admitted 2005
Category: Australia Law
Pos. Feedback: 94.6 %
Accepts: 12652
Answered: 7/10/2012

Experience: I did my law degree at the University of Queensland

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