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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My brother has recently passed away, his partner (they were

Resolved Question:

My brother has recently passed away, his partner (they were not married) is not including me in any arrangements for the funeral do I have any rights? Its nothing to do with money he has left a will but not interested in that. it is just I want to do the best for him and she is doing everything she wants not what his family that is myself and my 2 children he has no other living relatives
Submitted: 2 years ago.
Category: Family Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

please accept my sympathies for the loss of your brother.

Joshua :

may I ask if you know who has been appointed as his executor or executors in his will please?

Joshua :

Do you know where his body is presently being retained? Is it being looked after by undertakers?

Customer:

I am not sure, I know the undertakers who are dealing with the arrangements and have been in to see them but they told me they can not tell me anything!!!

Joshua :

Thanks. May I ask if you know where your brother passed away please and who released his body to his partner?


 

Customer:

he passed away at home and was taken to Chesterfield for autopsy and realised his body on Wednesday, can only assume they realised it to her as she was living with him but as a companion not as man and wife they had seperate bedrooms, I know that the funeral is arranged for 7th March but that is all I know

Joshua :

Thanks.

Customer:

Have I got any right to making an arrangements or do I have to go with what she says/does? I do think she gets most things in his will but he has made provisions for me.

Joshua :

the position will depend entirely upon whether your brother's partner has been appointed as an executor in his will. if you find that his partner has been appointed as the sole executor then as upsetting as it may be, she will have sole authority as to decisions in respect of your brother's funeral and ultimate interment of his remains. the position however is very different if she has not been appointed as executor or sole executor and therefore the first matter to ascertain is whether she has been so appointed or not.

Customer:

If I phone his solicitor would he be able to tell me who is executor?

Joshua :

you could consider contacting your brother's partner and asking for confirmation and evidence that she has been appointed as your brothers sole executor. If she refuses to enter into discussion with you, you can contact the undertakers and advise that your brother was not married to his partner and so far as you are aware, she is not your brothers executor and accordingly, under the ministration of Estates act, yours next of kin have the legal right to act as his administrator and take decisions in respect of funeral arrangements unless any third party can evidence that they have been appointed as his executor. the undertakers must accept instructions from an executor in the first instance or failing which next of kin.

Joshua :

If you know of the identity of your brother's solicitor and believe he may hold the original copy of the will, you can certainly ask who the executor or executors under the will are. This may be a far less confrontational approach than contacting your brother's partner directly

Customer:

Thank you you have helped me so much

Joshua :

if you find she is not an executor or there are more than one executors of the will, as above, the executor or executors have authority to make decisions in respect of the funeral. If you find you have been appointed as an executor, this would of course give you such authority. If you find executor ship is held by others, you are limited to making requests in terms of input and information in relation to your brother's funeral. In the majority of cases, executors will be sensitive to family wishes but of course this is not always the case and it can be most distressing in this event.

Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

Customer:

I am just copying what advice you have given me and will then rate you as excellent thank you again

Joshua :

Many thanks.

Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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