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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My parents paid plot of land next to my deceased brother

Customer Question

My parents paid for a plot of land next to my deceased brother only to find that in oct 2014 someone else has been buried there. What rights do they have.
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Do you have any information for me yet?

Expert:  Clare replied 1 year 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.
Who runs the Cemetery?
Clare
Customer: replied 1 year ago.

The cemetery is in Twyford Buckinghamshire, and as far as i am aware is runby the Parish Council.

Expert:  Clare replied 1 year ago.
Hi
What have the Parish Council said about their error?
Clare
Customer: replied 1 year ago.

Basically a written letter by the clerk Andrea Curtis taking full responsibility for the error.

Expert:  Clare replied 1 year ago.
Hi
What would your parents like to achieve at this point?
Clare
Customer: replied 1 year ago.

They would like to achieve an outcome to get what they paid for and for their wishes to be buried next to their son carried out, for the body to be exhumed!!!! not nice we appreciate that, but my parents are in their 80`s and would like the paid for plot to be their last resting place.

Expert:  Clare replied 1 year ago.
Hi
i am afraid it is your brother who would have to be exhumed - could they cope with that?
Clare
Customer: replied 1 year ago.

Why would that be when they have paid for this plot, if exhumation is allowed surely the tresspasser ( i believe it is called ) should be the one to be removed.!!!!!!!!

Expert:  Clare replied 1 year ago.
Hi
I do understand why you feel that way but there is no basis on which an exhumation would be ordered in those circumstances
If your parents do wish to be buried with your brother then I am afraid it is his body that would have to be exhumed and reburied and it would be reasonable to ask the Parish Council to pay the costs of this
Please ask if you need further details
Clare

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