Supreme Court rules in favour of grieving widow to save ashes of her late husband from in-laws

A widow has taken her in-laws to court in a bitter row after her husband was killed in a horrific car crash.

The parents of a man killed in a horrific car crash have been stopped from scattering his ashes after a court ruled in favour of his widow, who wishes to preserve them.

Kody Bell, 24, was killed when the Audi A3 he was riding in collided head-on with a

blue Kia Stinger, allegedly at speed, on Sixty Eight Rd in Baldivis, south of Perth, on September 27 this year.

The father-of-two, his 21-year old brother William – who were passengers in the Audi – and the driver Jaziah Thomas, 24, were killed in the crash.

Three people were killed in the Baldivis crash near Perth on September 27, 2023. Picture: 7News

Now, months later, a legal battle has broken out between Kody’s widow Gabrielle Bell and his parents Andrew Bell and Belinda Gibson over what to do with his ashes.

Mrs Bell took action against her in-laws after they indicated that they intended to scatter her husband’s ashes despite her wishes to preserve them.

A Supreme Court heard that Kody’s parents took possession of his ashes after his funeral and cremation.

However Western Australian law dictates that any possessions of person who dies intestate (without a will) are to be given to their spouse.

The court heard in a judgment this week that Kody’s parents refused Mrs Bell’s repeated requests for her husband’s ashes, Justice Michael Lundberg saying Mr Bell became “quite agitated” while speaking to his daughter-in-law’s lawyer, Craig Gregson.

Kody was killed in the car crash at Baldivis. Picture: Facebook

He and Gabrielle got married in March 2021. Picture: Facebook

According to court documents, Mr Bell indicated to Mr Gregson that “under no circumstances” would he provide the ashes to his Mrs Bell, and intended to scatter his ashes on December 8.

Mr Bell also rejected a proposal to split Kody’s ashes, saying “under no circumstances” was he prepared to do so.

He said he was prepared to hold onto the ashes until his grandchildren, a three and one-year-old Mrs Bell shares with Kody, were “around 10 to 12 years older”.

But Justice Lundberg said that offer was “somewhat at odds” with Mr Bell’s previous stated intent to scatter the ashes.

An interim injunction was granted to stop Mr Bell and Ms Gibson from “destroying or in any way damaging the ashes; and disposing of the ashes in any way” other than to hand the ashes to Mrs Bell’s solicitor, Mr Gregson.

The ashes will remain with Mr Gregson “pending the determination of the underlying issues” in the matter.

“The orders which I have made are solely intended to preserve the status quo, to enable the dispute as to the entitlement to the deceased’s ashes to be heard in due course,” Justice Lundberg told the court, per court documents.

Gabrielle gave a heartbreaking tribute to her late husband after his death in September. Picture: Supplied

In the wake of his death, Mrs Bell gave a heartbreaking tribute to her husband, saying she would love him until her “last breath”.

The couple were together for almost nine years and married in March 2021. They share a son named Laiken and a daughter named Violet.

In a tribute to her husband, she said their “beautiful babies” would miss and love their father “forever”.

“The hole in my heart will never be filled knowing you will not be here to see Laiken and Violet grow up, to walk V down the aisle like you intended to one day do,” she said.

“I’m proud to be your wife.”

She said she felt some comfort knowing Kody and William were with each other at the end.

“I’m glad you boys had each other until the very end and you both can find peace knowing you were loved so very much,” she said.

In a tribute on Facebook, she posted: “I hope everyone is driving safe and being careful, take care of yourselves. Make sure you hold onto your loved ones and tell them every day how much you love them, cherish your moments.”

Mrs Bell later told Seven News: ‘” just hope people can be safe on the roads and not drink and drive because all that it leaves is heartache and grief for everyone that loved them.

“I saw him just before the accident. He was with me and his family, dancing and singing to his favourite songs.”