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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am faced with the possibility of removing my late wifes

Resolved Question:

I am faced with the possibility of removing my late wife's urn, containing her ashes, from the grave that also contains her mother and father. The urn is about six inches below the surface. What can I expect from authorities?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What alterations are being considered?
Clare
Customer: replied 2 years ago.
I am unable to confirm what changes as my brother in law refuses to communicate with me. In the hospice at the end of my wife's life it was necessary for myself and the Doctors to ask my brothers and sisters in laws to restrict there visits and limit there bedside visits to a maximum of two. They responded appallingly to this request even though my wife's oldest brother witnessed the distress theses visits were causing her. My wife past away in May 2007. As. Result of this my brothers and sisters in laws maintained a very fragile and in some cases non existent contact with there mother. I continued to care for my mother in law until her passing earlier thus year. Before she died she asked that I attend to the grave that contains her husband and daughter, my wife. Sadly she passed before I could do this. She is know interned in the grave. In the absence of a will the grave ownership moved to her son. I have a good relationship with one of my sister in laws. She resides in USA. I have made many attempts, through her, to persuade the brothers to attend to the grave. I have also written to them asking that they include myself or my daughter, if speaking to me is not possible, in deciding what the wording on any new grave stone is. We currently have a small plinth commemorating my wife. He has made it clear he does not wish to communicate with me at all. He has also not replied to a registered letter I sent him. I have also written to the eldest son. The same no response. My communications have always been worded very positively, sensitively and with care. I have recently purchased a small replacement plinth for my wife and asked my sister in law to let her brother know all we want is for the existing plinth, which I placed there, to be replaced with the new one when they make the changes to the rest of the grave. Her response has been most upsetting and in short he will not let this happen. I am prepared to remove my wife's small cask and scatter them in our village. Where each morning our grandchildren will pass on there way to school. I am in no doubt this is what I should have done in the first place. I know this is what she would have wanted. What response can I expect from authorities and Police? If I do this.
Expert:  Clare replied 2 years ago.
Hi
Is the grave in a Cemetery or in Consecrated ground?
Clare
Customer: replied 2 years ago.
Cometary
Expert:  Clare replied 2 years ago.
Hi
I am afraid that you will have to apply to the Ministry of Justice for permission to exhume the Ashes
You can read more here
https://www.gov.uk/apply-for-an-exhumation-licence
I am afraid that if your brother in law will not agree you will face a court application for permission
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Clare I already know that. My question is what response can I expect from the authorities and Police. Sandy.
Expert:  Clare replied 2 years ago.
Hi
Assuming that you have the correct paperwork there will be no response at all.
Without it you are committing a Criminal Offence which if reported could lead to prosecution
Clare

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