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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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My mother died on SAT 30th Aug and my brother has barred and

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My mother died on SAT 30th Aug and my brother has barred and told the Funeral care home not to pass any info and we cannot see her at rest , I have spoken to the care home manager Karen who says Paul is their client and his wishes not to inform any of the other 3 siblings ? , can this be right ? or legal ? the funeral home yesterday clearly lied to me as I asked about info and she said there was none , in a nutshell me and my mother never spoke but I wanted to go and pay last respects , the funeral home said any member can say that , well what happens if I had ? which I would not , my question is CAN THEY PREVENT US SEEING HER OR INFO based on a one person hearsay when there is NO DOCUMENT to say we cannot from my mother it is just his wishes
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Your brother is the executor of your mother's will, he cannot stop you doing this.
Tell the funeral directors that unless they let you see your mother at rest, you will make an emergency application to the court for an injunction to make them let you and you will ask the court to award costs against them.
The threat coming from a solicitor may have more weight but they only need to be given until the end of the day. The certificate can attach a certificate of urgency (because there is urgency here) to the court application and it could be in court within 24 hours.
But on the other hand your brother is the executor of your mother's will, he can stop you doing this and your court application would then be against him on the basis that he is being simply unreasonable and not acting in the best interest of any beneficiaries.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you Jo, yes my problem is the funeral home says as their Client (( my brother ) they are acting on his instructions, so what we are saying then he has No power to execute that instruction to barr any siblings in this case ? I contacted the police they spoke to funeral home and they had no problem but acting on his behalf which we feel cannot be the god given right to barr any sibling or son or daughter on his instruction on what legal basis there is none ? , are the Funeral home braking any law by not letting us see our mother, the police were nice and said seek legal advice in this instance , as you said his behavior is unreasonable and time is short , how do I apply and get this emegency application? Or is my first call to the funeral home as time is of the essence and we don't know the funeral date which could be as early as Monday , look forward to your help David Gilman

Expert:  Jo C. replied 2 years ago.
Unless he is the executor of the will he has no more right to instruct them than you do.
This is nothing to do with the police and they are most unlikely to be interested.
There is no legal basis on the facts that you have given me for him to be able to say this or for the funeral home to refuse you admission
However the funeral home are at liberty to deny you access to their premises which is a different issue altogether. You could ask another funeral home to take the body away.
It depends whether you want to play tug-of-war with your late parent.
If you are making an emergency application to court it will need to come from a solicitor to provide confirmation to the court that it is indeed an emergency application.
My suggestion would be to call in (rather than telephone) the funeral home and tell them that unless they grant you access, you are straight off to the solicitors to make an emergency application to court for a mandatory injunction to make them give you access and you will ask the court to award costs against them.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
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