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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Me and my Cusin would like to open my Grans grave to put a

Resolved Question:

Me and my Cusin would like to open my Grans grave to put a small amount of our parents ashes in so they can be with there mum, my uncle was the last to pass away last year after enquiring we have been told that we need the permission from his wife whom we don't speak to is there anything we can do as we are blood relatives.
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.
Is your Uncle's Widow registered as the owner of the plot?
Clare
Customer: replied 2 years ago.
No the plot was originally purchased by my uncle Brian, he passed away 17 years ago after him my mum died 10 years ago and my Aunt 5 years ago my cousins dad the last remaining son of my gran died last April my aunt cremated my uncle!!!! When I phoned the crem(council) they said that no one has the grave signed over to anybody(I thought my mother may have done this when my uncle Brian died) so I asked could it be signed to me and was told no because my uncle John whom died in April was the last to pass of my Grans children so therefore it is up to his widow to give permission!!!
Expert:  Clare replied 2 years ago.
Hi
Was your Uncle Brian unmarried?
Clare
Customer: replied 2 years ago.
Yes he never married he lived with my gran until she died.
Expert:  Clare replied 2 years ago.
Hi
When did your Gran pass away?
Clare
Customer: replied 2 years ago.
About thirty years ago my uncle Brian purchased the grave for her and himself he passed about 18 years ago.
Expert:  Clare replied 2 years ago.
Hi
Did your Uncle Brian leave a Will?
Clare
Customer: replied 2 years ago.
No will
Expert:  Clare replied 2 years ago.
Hi
I am afraid that the Council is correct
On the death of your Uncle Brian the ownership of the plot was part of his estate and passed to his three siblings - and accordingly your last surviving Uncle's widow does indeed have an interest in the plot and her permission will be needed if the ownership is to be transferred to you (or anyone else)
I am sorry - I know that this is not what you wish to hear but it is the legal position that you are in.
One option if you do not wish to take that action would be to simply scatter some of the ashes on the grave
Please ask if you need further details
Clare
Customer: replied 2 years ago.
In the back of my mind I know that would be the outcome, thank you for your help yes it's not what I wanted to hear but I will deal will that again thank you.
Regards
Deb
Expert:  Clare replied 2 years ago.
Hi
I am sorry not to be able to give you more positive information
Clare
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