Rafton Family Lawyers successful in arguing for release of the deceased body from the coroner.
Kyle McCabe, our senior solicitor and head of our Wills and Estates Team, has recently been successful in an application to the Supreme Court. In this particular case, our client had consulted us after a dispute arose as to who would be appointed next of kin for the purpose of liaising and making arrangements for release of a body from the coroner after the death of a parent. Unfortunately, when Police attended after being notified they incorrectly listed an ex defacto partner as the next of kin for the deceased. This was then placed onto some official records and a dispute arose between our clients who were the children of the deceased and the former partner of the deceased as to who would be properly instructing the coroner in relation to funeral arrangements and release of the deceased’s body.
This was an extremely distressing time for our clients and Kyle from our Estate Team was able to skilfully navigate this argument and bring a successful application to the court. In making the application Kyle argued on behalf of our clients to enable them to properly deal with their father’s body and to be noted as the next of kin for the purpose of all dealings with the coroner.
This is quite an unusual case and not one that we deal with every day but we were able to assist with this complex estate issue and achieve a successful outcome for our clients. This case is also a reminder of ensuring that your will and estate documents and estate plans are up to date and in order so that there is no confusion in the event of a sudden or unexpected death particularly in cases where the coroner is involved.
Our estate team can be contacted at reception@rafton.com.au or via telephone (02) 45785611.