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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My daughter father died and now I have her stepmoth who did

Customer Question

My daughter father died and now I have her stepmoth who did not even told her that her father has died has cremated him and the memorial service is Thursday, is there anything legally she can do?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

May I kindly clarify with you please what it is you wish to do specifically please - are youasking in relation to the memorial service or in respect of something else - e.g. financially?

JACUSTOMER-dp4e2txd- :

memorial services can they just go ahead as if no children exist?

Joshua :

Thank you for the clarification. Unfortunately a memorial service does not have to be consulted upon in order to go ahead. It is usually but is not always a persons spouse or one of their nearest relatives who will organise tha funeral and memorial and no consultation is required. In fact if the deceased has left clear wishes in their will as to how they wish to be buried or cremated or wishes for a funeral even these can be ignored without repercussion or redress.

Joshua :

It is always recommended that a discussion between close family members is held before a funeral is organised however this is not a legal requirement.

Joshua :

Does your daughter know where the service is being held?

JACUSTOMER-dp4e2txd- :

Yes, but to date no effort has been made to advise of anything - just to mention they were barred from visiting, while he was sick

JACUSTOMER-dp4e2txd- :

i am leaving to do some shopping

Joshua :

Sorry for the delay in reverting to you. Thank you. Unfortuantely there is no duty in law for the executor or spouse to make contact with other family members. Morally of course she should do so but there is no legal requirement. If your daughter knows when and where the memorial is taking place she can of course physically attend if she feels able to do so.

Joshua :

On a different subject area your daughter may have a claim on the estate if she was remembered in her fathers will or if she was not or he didn't make a will then if she was financially dependent upon her father at the time of his death. If she is considering making a claim against his will on the basis that she was financially dependent upon her father at the time of his death then she must take she does so within 6 months of the date of grant of probate or her claim will be out of time.

Joshua :

Is there anything above I can clarify for you?

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