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What are my rights regarding my fathers ashes (died Feb

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Hi Pearl What...

Hi Pearl What are my rights regarding my fathers ashes (died Feb 2017) which are currently in the hands of his 3rd wife. My father wished to be scattered in Poverty bay and it was well known among the family. Veronica has just turned 90 and as she cannot travel over there she has been offering other options such as being buried under a shrub in her garden. She talked of giving me (his oldest daughter) "some" of the ashes but has back pedalled on that idea. All I want is for Dads ashes to be put where he wanted. He was pilot and harbour master in Gisborne for many years and Gisborne was the end of his sea faring life which started in Scotland. Please can you help me know my legal position. Thanks Janis Tilyard

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New Zealand

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Dont think so

Submitted: 1 month ago.Category: New Zealand Law
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1/1/2018
Solicitor: Chris The Lawyer, Lawyer replied 1 month ago
Chris The Lawyer
Category: New Zealand Law
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Solicitor: Chris The Lawyer, Lawyer replied 1 month ago

The legal position with the remains after death is that the executor of his estate has the responsibility and duty to dispose of the ashes. So if it is his third wife who was the executor of his estate then she has the responsibility and duty to dispose of the ashes. The Supreme Court has said that family should be consulted when making the decisions about the disposal of the body and ashes however. So it is ultimately her decision after talking to you and family members.

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