The parents of a man who died in a horrific car crash have been banned from spreading his ashes after a court ruled in his widow's favour.
Kody Bell, 24, his brother William, 21, and driver Jaziah Thomas, 24, were tragically killed after the Audi A3 they were riding in crashed into a Kia Stinger on Sixty Eight Road in Baldivis, south of Perth, on September 27 , collided.
A bitter legal battle has now broken out between Kody's widow Gabrielle Bell and his parents Andrew Bell and Belinda Gibson over his ashes.
The law requires that all assets of a deceased person without a will be given to his spouse, but despite numerous requests for Kody's parents to hand over his ashes, they have reportedly refused.
In a Supreme Court This week the court heard that Kody's parents had kept their son's ashes since his cremation and burial.
Ms Bell wants to keep the ashes, but her in-laws initially indicated earlier this month that she planned to scatter the ashes, prompting her to take legal action.
Kody's widow, Gabrielle (pictured), wants to keep his ashes, but her in-laws reportedly made plans to scatter the ashes on December 8, prompting her to take legal action
Kody Bell (pictured), 24, his brother William, 21, and driver Jaziah Thomas, 24, were tragically killed after the Audi A3 they were traveling in crashed into a Kia Stinger on Sixty Eight Road in Baldivis.
Judge Michael Lundberg told the court that Bell had become “quite agitated” during a conversation with his daughter-in-law's lawyer, Craig Gregson.
Mr. Bell indicated to Mr. Gregson 'that under no circumstances would he provide the ashes to (Ms. Bell),' the Western Australian reported.
He reportedly planned to scatter his son's ashes earlier this month, against Mrs Bell's wishes, and prompted her to do so submit an urgent application.
A proposal to split Kody's ashes was also rejected by Mr Bell, who said that 'under no circumstances was he prepared to split the ashes,” the court was told.
Ms Bell shares two children with Kody, aged three and one, and Mr Bell said he was willing to do so holding the ashes until the children were older.
However, Judge Lundberg said the offer was “somewhat inconsistent” with Bell's previous intentions to scatter the ashes.
An interim order was made to stop to prevent Mr Bell and Mrs Gibson from 'destroying or damaging the ashes in any way; and throwing away the ashes', which were delivered to Mr Gregson for safekeeping on December 11th.
The ashes are now kept by the lawyer 'pending the determination of the underlying issues in these proceedings'.
Gabrielle and Kody Bell were together for almost nine years and married in March 2021
Jaziah Thomas, 24, Kody and his brother William, 21, died immediately after the Audi they were riding in collided head-on with a Kia Stinger south of Perth
Kody, his brother and Mr. Thomas, all died from the impact of the crash before they could even be pulled from the car.
Their friend Tyler Rowe, 21, was the only survivor of the Audi.
Mrs Bell broke down in tears as she paid a heartfelt tribute to her husband and vowed to always protect their son Laiken and daughter Violet.
'I hope everyone drives safely and is careful, take care of yourself. Make sure you hold your loved ones and tell them how much you love them every day, cherish your moments,” she wrote on Facebook.
Mrs. Bell told me later Seven news: 'I just hope that people can be safe on the roads and not drink and drive because all it leaves behind is grief and sadness for everyone who loved them.'
'I saw him just before the accident. He was with me and his family, dancing and singing to his favorite songs.”
Ms. Bell and Kody were together for almost nine years and married in March 2021.