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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10249
Experience:  30 years as a practising solicitor.
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Hello brother and sister left in family, sister dies goes into

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Hello brother and sister left in family, sister dies goes into lair along with father and mother , sisters husband dies and her son takes over lair, where does this leave her brothers rights to his family lair, brother does not want his sister husband in his familys lair.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The rights to a lair can transmit under the Scots law of succession. Do you know who the original lair holder was?
The Burial Authority usually provides the purchaser with a lair certificate describing the lair. A lair holder duly recorded by the council has exclusive right of permitting the lair to be opened for burial. The production of the certificate is sufficient authority.

With the exception of trustees, only one person can be registered as the Lair Holder of a lair or lairs. No lair holder is entitled to transfer any or all of his/her lair rights during his/her lifetime without the approval of the Burial Authority.

On the death of the lair holder the exclusive right of burial must be transferred before any further applications for burial or memorials can be considered, unless it is to permit the burial of the Lair Holder or their widow/widower / legal partner.

So if one of the parents was the lair holder, the lair then passes through the other parent then to the children. The sister's husband is not a blood relative and in my opinion would not have right to be buried in the family lair.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10249
Experience: 30 years as a practising solicitor.
JGM and 3 other Scots Law Specialists are ready to help you

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