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My name is XXXXX XXXXX I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Unfortunately his wife has the last say she is his next of kin.
If she does not agree with what you wish to do, then you will need to get a court order, and the court will what evidence as to what your father wanted.
The question for the court would be, whether to accept what you say your father's last wishes were, or whether to accept what his widow says where his last wishes.
The only way to be able to get, what your father wanted, done is to get a court order.
I'm sorry I cannot give you anything more positive.
Is there anything else I can assist you with?
When my fathers partner eventually passes away can my family request to have the ashes removed from the wall and then place them in our mothers grave. What is the law regarding this.
I have spoken to someone at the cemetery office where my fathers partner intends to take the ashes and they have told me I can have ashes placed in my mothers grave (this is done by removing some grass and digging a hole to allow for placement of an urn). My concern is being allowed to remove them from the niche wall to do this when the partner passes on. Would there be any reason in particular that you are aware of why the cemetery may not give me permission to remove them. I realise this is very far into the future but I am just checking my options as there doesn't seem to be anything else I can do.
No thank you. Your information was very helpful.
If there is anything else in the future please do not hesitate to ask.
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