QLD Entitled to Know Where My Dad's Resting Place Is?

[Sonya08]

Hi. Am I legally entitled to know where my father's final resting place is? And if none yet, am I entitled to know where his ashes are?

I lost my dad 3 years ago, and my step mother (whom I do not get along with) has them. 1 year after his death I sent her an email asking where my dads' final resting place was. She never replied to me but rang my grandmother and told her, that as far as she was considered, the first cliff she set her eyes on, she will throw them over that.

As I have not had closure, I am suffering mentally and emotionally to come to terms with my dad's death. The more time goes on the more harder it seems to get. I have been to counselling and they suggested that I need closure so I can move on.

Can you please help and tell me if I have any legal right as his daughter under estate planning or succession law? And how can I go about it other than talk to my stepmother at this stage?

Thanks.

 

[Sophea]

Hi Sonya08,

In most states, the Cremation Regulations rank in priority the nearest surviving relative that is entitled to receive the ashes. This is (1) the spouse or de facto partner living with the deceased immediately prior to the death, (2) the spouse then (3) son or daughter over 18.

In a recent case which required consideration of this issue, the judge stated: "There is no more than an expectation that the recipient of the ashes should consult other interested family as to what should become of the ashes after they are received. There is however no legal obligation to do so and there are no legally enforceable rights of the family members lesser ranked by the regulations to insist on that."

Therefore I would suggest appealing to her moral sense and kindly requesting from her the information.