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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38736
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My father recently passed and was cremated. This was his wish

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My father recently passed and was cremated. This was his wish but he left no written instructions on what to do with his ashes. Before he died I asked my father if we could place his ashes in our mothers grave and he agreed. His partner (they are not married) was not happy about this and claims he told her he wanted his ashes to go into a niche wall. She was the applicant to collect the ashes and now has them. I asked her for half the ashes so I could fulfill my fathers wishes to me and she could then still fulfill his supposed wishes to her but she refuses to give me any part of his ashes. Is there anything I can do legally.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon,

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?

Customer: replied 1 year ago.

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.

Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  Leon replied 1 year ago.
Good Afternoon,

My apology for the delay but I only just saw your response.

In order for you to be able to remove his ashes from the wall, you will need to get permission from the crematorium.

If they agreeing to you being able to remove the Ashes then you can.

When you say place them in your mother's grave, are you suggesting digging up the grave and placing them inside or simply spreading them on top?

It is a lot harder to get permission to open a grave and you would need a court order to do this.

Even if your father's widow agrees to this happening I cannot guarantee that you would be permitted to open your mother's grave to place your father's ashes inside.


Customer: replied 1 year ago.

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.


 

Expert:  Leon replied 1 year ago.
Good Afternoon,

Make sure that you obtain this advice in writing From the person that told you and on the letterhead of Cemetery office.

You should also have them confirm that you will be able to have your father's ashes removed from the niche wall Adelaide stage.

The only reason would come under the laws about dealing with the remains of the deceased.

As I said it is very difficult to reopen graves and in most cases it is a requirement that you get a court order.

If you can obtain written confirmation that you will be allowed to do this in the future, this will be in your favour when it comes time to do it.

I cannot see any reason why you would be refused removing the remains from the wall but you need to speak to the cemetery office and see what the requirements and what the rules are.

It is their governance that determines what can be done.

Is there anything else I can assist you with?
Customer: replied 1 year ago.

No thank you. Your information was very helpful.

Expert:  Leon replied 1 year ago.
Good Afternoon Leigh,

You are very welcome and thank you for using my services.

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback

Regards

Leon

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38736
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Leon and other Australia Law Specialists are ready to help you

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