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Clare, Solicitor
Category: Law
Satisfied Customers: 34019
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My elderly unmarried aunt died in December. Her friend arranged

Customer Question

My elderly unmarried aunt died in December. Her 'friend' arranged the funeral s and has (I think) got possession of her ashes. My aunt was always destined to be interred in my late grandparents grave, which was originally bought by my grandmother. Now the owners are her 10 surviving grandchildren.

My aunt's friend has is not 'friends' with several of these grandchildren but has requested (through a third party) and has indeed applied to take over ownership of the grave and get a new headstone etc. i.e. spend money to bring it up to standard.

Half of the owners have not agreed to this so she may decide to buy a different plot and have my aunt's ashes interred without our assistance.

My question is who owns the ashes? I believe power of attorney was set up with 2 of the remaining grandchildren - for her friend and one of my cousins to look after my aunt - however, I was not informed of this and indeed have not signed anything. I know at least 3 of the other cousins were not consulted or signed anything.

Obviously there is a huge family row. I don't think there is any money as such from my aunt - so that is not an issue in this case. From my perspective, I would just like to get my aunt interred in the family grave which was always the intention.

Can you advise please?
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question.
Did your late Aunt leave a Will and if so who was appointed as her Executor?
Customer: replied 4 years ago.

I think the executor is the 'friend' and 1 of my cousins. I am checking this out. There probably is a will, but can't imagine there is any wealth to speak. It would probably be more of my aunt's wishes.

Expert:  Clare replied 4 years ago.
The Ashes belong to the Executors who can deal with them as they wish I am afraid.
However they cannot simply take over the family grave if you object!

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