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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10085
Experience:  30 years as a practising solicitor.
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My husband is buried in my father in laws lair, it was a sudden

Customer Question

My husband is buried in my father in laws lair, it was a sudden death and this was done without me realising the implications. A major family rift has occured and I want to buy lair from him to allow me to be buried along side my husband . Where do I stand legally ?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

Is your father in law willing to transfer the lair to you or agree that you can be buried in it? If not there is no legal means for you to force either route.

All you could do is make a will directing your executors to endeavour to have you buried next to your husband in which case this might put some pressure on your husband's family in the future.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

No will not be willing, so looks like I may have to petition to have exhumed? Would the fact that they refuse go sell or be reasonable put me in a stronger position re exhumation? Their family also threatened me with court over our business , six weeks after death. Without just cause and were told to back down by their solicitor have any bearing on courts decision?Our 16 year old son is distressed and wants his parentstogether as we were in life for over 20 years , married for 17

Expert:  JGM replied 2 years ago.
There is no specific guidance on the legal position as regards exhumation in Scotland. You can get some guidance here:

http://www.scotland.gov.uk/Resource/Doc/924/0020742.doc

You would have to demonstrate to the sheriff that it is reasonable for the application to be granted and the fact that they aren't willing to allow you to be buried next to your husband I think would be relevant. The other circumstances narrated by you, such as the business issue, would not be.

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