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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11442
Experience:  30 years as a practising solicitor.
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Hi, My Mother bought a double burial plot for my Dad and her

Resolved Question:

Hi,
My Mother bought a double burial plot for my Dad and her in 1988 when he died. She had been living with someone since Dad died. She has now died of Huntingdon's and as she was ill was unable to say whether she wishes to be buried with Dad or her new partner. I am the eldest daughter but the whole family apart from my paternal Uncle thinks she should be buried elsewhere and without my permission had her ashes taken to another graveyard so she could rest along side her new partner. Please can you advise me whether I have the right to have her ashes moved so she can be interred with my Dad? I would value your opinion!
Best wishes, Alison Welsh
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
Who is your mother's executor?
Customer: replied 3 years ago.

Mum and Dad had a joint will. It said nothing about burial rights simply that everything was split between my younger sister and I. Each executor was an older brother to them. Mum's brother now favours new partner over my Dad, despite it being his friendship that brought Mum and Dad together. Then the other brother, who is Dads elder brother, agrees strongly with me they should be buried together. The will has taken over a year to finalise and its still not over yet - due to my maternal uncle being constantly out of the country with his job or on holiday. I did not speak to younger sister for several months following mums death because she chose new partner over our Dad. Does this help?

Expert:  JGM replied 3 years ago.
Not really. As a matter of law, if the will is silent, the executors have the say in where a person is buried. You appear to say that the two executors have taken different views. It is for them to work out between them having regard to the views of the family.
In the absence of a specific provision in the will there is no right or wrong answer in law, I'm afraid.
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