QLD Ownership of Dead Son's Ashes?

[cathsworld]

If the ashes of my dead son are in the possession of my own mother and she refuses to give them back to me, how can I get them back legally?

I am under the assumption that legally they are mine, but she refuses to return them to me. What can I do under estate planning law or property law?

 

[Sophea]

Hi Cathsworld,

It may depend on what state you are in. I know that in NSW the Cremation Act states that the person entitled to receive the deceased's cremated ashes is the person who applies for the cremation, whereas in WA the regulations state that the nearing surviving relative is entitled to the ashes - this is prioritised in order of spouse, child, parent, sibling and so forth.

 

[cathsworld]

What about in qld? Thanks

 

[Sophea]

I believe its the same as in NSW< the person who applied for the cremation.

 

[cathsworld]

I believe its the same as in NSW< the person who applied for the cremation.

What about if the cremation was done in WA but the ashes were taken to qld?

 

[Sophea]

Not entirely sure Cathsworld, on what basis is your mother withholding the ashes? What's her argument?