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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 late mother stated in her will that after all expenses are

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My late mother stated in her will that after all expenses are paid her residual estate should be split 5 ways between named brothers, sisters and in laws. This did not specify that this should include her burial plot and as an executer I am asking if this part of grave ownership be resticted to siblings only excluding the in laws as there is no material value to distrubute between them
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if your mother owns the title to the burial plot please?If she does have you had the burial plot valued or do yo otherwie know what it is worth?Finally are there any provisions regarding the burial plot elsewhere in her will?
Customer: replied 1 year ago.

Hi

Yes my late mother owned the cremation plot which previously was used to inter my late father. We have not had this valued however due to the fact that no other persons will be interred in this plot and all expenses to date have been paid out of her estate prior to the pending dispersement of her residual estate ( Cash left over to be split 5 ways as per will)

There are no provisions of the cremation plot specified elsewhere in her will. Can the transfer of ownership be restricted to siblings only?

Expert:  Joshua replied 1 year ago.
many thanks for the above. If there are no other provisions in your mother's will in relation to the burial plot then it follows that the same would form part of her residuary estate and therefore would divide between the residuary beneficiaries in equal shares. However, if the burial plot has no monetary value then the executors may consider retaining the same and transferring it into the name or names of one or more of the executors. The residuary beneficiaries would have no legal complaint in this respect if the burial plot has no monetary value because the plot in the circumstances is not worth anything to the residuary beneficiaries and therefore they have no potential claim available to them against the executors.In general terms, if an executor fails to transferring assets to a beneficiary to which he is entitled, for example a share in a house or a sum of money, that beneficiary has a claim against the executor to the value of the Asset in question. however, if an asset has no monetary value, such as is often the case with many personal possessions for example which may have great sentimental value but little or no financial value, a beneficiary has no complaint legally against an executor if he does not receive that asset.Accordingly, you may wish to consider having the same formally valued if you believe there is any possibility of it being worth any monetary value or alternatively simply proceed on the basis that it is not and assent the title into the name of one or more of the executors. If it becomes apparent that the burial plot does have monetary value, then those one or more executors that intend to retain the same will need to consider paying to the estate the equivalent market value of the burial plot which can then instead be divided between the same residuary beneficiaries. As a final alternative, the executors in question could ask the beneficiaries confirmation that their content for this to be retained in which case the above could be dispensed with in any eventI hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks for your advice. Could you please explain further the comment you made below.As a final alternative, the executors in question could ask the beneficiaries confirmation that their content for this to be retained in which case the above could be dispensed with in any event
Expert:  Joshua replied 1 year ago.
Sorry there is a slight typo which makes the above less than clear. It should have read:

As a final alternative, the executors in question could ask the beneficiaries for their confirmation that their are content for the property to be retained in which case the above could be dispensed with in any event.

In other words the executors could simply advise the beneficiaries of their intention and ask them for confirmation they have no objection. If it is anticipated that the beneficiaires would not object this may be the simplest approach but of course one would not wish to stir a hornets nest if it is likely to promote contention.
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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