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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34286
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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We have a family grave. Both my grandparents, uncle, father

Resolved Question:

We have a family grave. Both my grandparents, uncle, father and mother are in it. My father remarried after my mothers death and my stepmother says she has the rights for the entire grave as my deceased fathers next of kin. Can this be right given she never met, nor was a blood relative of any of the others and we children are.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for you questionMy name is ***** ***** do my best to help you but I need some further information firstIs the Grave in a Churchyard?
Customer: replied 1 year ago.
Yes it is, in the Channel Islands
Expert:  Clare replied 1 year ago.
I assume it is Church Of England?Have you asked the Vicar for the Burial policy?
Customer: replied 1 year ago.
Hi Clare
Correct, it is CofE. When I did talk to the Vicar he said that it was a grey matter and wasn't really very helpful as he didn't really know. My grandfather brought the space when they lost their son prematurely 50+ years ago. Ownership is not mentioned in the wills and until my father remarried it had not been an issue as we 3 offspring had just looked after it with him.
Expert:  Clare replied 1 year ago.
Have you asked the Vicar what paperwork is actually given for such graves?
Customer: replied 1 year ago.
no and I can't do that as Jersey is a small place and he will discuss with my stepmother, hence why I want to know where we stand legally first.
Expert:  Clare replied 1 year ago.
No one "owns" the graves in a Church yard except the Church itself and accordingly your step mother has no more control over it than you doIt is within the discretion of the incumbent who is buried there - not the family.This would be different if it was a public cemetery I hope that this is of assistanceClare
Customer: replied 1 year ago.
Thank you Clare. That's helpful to know. Julia
Expert:  Clare replied 1 year ago.
I hope all goes well for you - this added stress is dreadful
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Clare, that's very kind.