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QLD Ownership of Dead Son's Ashes?

Discussion in 'Wills and Estate Planning Law Forum' started by cathsworld, 14 June 2015.

  1. cathsworld

    cathsworld Member

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    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?
     
  2. Sophea

    Sophea Well-Known Member

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    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.
     
  3. cathsworld

    cathsworld Member

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    What about in qld? Thanks
     
  4. Sophea

    Sophea Well-Known Member

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

    cathsworld Member

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

    Sophea Well-Known Member

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

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