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Cemeteries & Crematoria Association of NSW - News & Updates


Authority to remove ashes

I have had a request to remove ashes from the son of the deceased. The deceased's husband placed the ashes and is also now deceased. There was never a Right of burial issued at the time but I have been advised by the son that his father would have been his mother's executor. The father's executor of his estate is his new wife. As the estate of the father now falls to the new wife as the executor, does that include the first wife's estate (e.g Right of Interment ?). No transfer of Right of Burial for the Mother has been completed. Would the son have any authority to remove ashes or if not would anyone have authority to remove these ashes?


Generally the person that orders the cremation has custody over the ashes, so in this instance it is likely to be the deceased husband, therefore authority would likely rest with his estate.

We recommend seeking legal advice in relation to his estate. 


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