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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11286
Experience:  30 years as a practising solicitor.
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My husband died last year,my step children contacted the

Customer Question

My husband died last year,my step children contacted the funeral directors and I didn't know it at the time but they then became the client -I was not allowed information relating to my husband -I am the sole executor and I have been trying to get a copy of the paperwork relating to my husbands cremation and interment. I was told as I was not the client the funeral director cannot discuss or send me any information relating to this. I then contacted Glasgow city council and they sent. mandate form to me for completion by my husbands son, we do not speak and he wouldn't sign the form anyway.My husband was interred in Wolverhampton Crematorium -they have send me a letter to say the due to the Data Protection Act they are unable to send me any information on the forms signed for the interment -they said I can apply to be the new grave owner which will allow me to change the headstone as his son and daughter put his ashes beside his mum and dad -not what he wanted but they don't care -I want his name on the headstone as they haven't bothered.I would like to understand why I was never approached by the funeral director as I am the spouse and also why I cannot obtain any paperwork relating to my husband.The solicitor who dealt with the Estate just told me to move on that I would never be able to access this information.How is that possible -can you please clarify this as I am totally bewildered how I can be married for 30 years to someone and yet his kids take over -I was not allowed to sit at the front in the church either.It's been a terrible time -do I still have any rights to the information ??
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
I am still waiting on a reply please
Expert:  Nicola-mod replied 1 year ago.
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!
Expert:  JGM replied 1 year ago.
If you and your husband lived in Scotland, then as executor you are in charge of the estate and that ought to have included the funeral. So you as executor are entitled to the paperwork. Your solicitor should write to the stepson and the crematorium on behalf of the estate to get the information you require. If it is not forthcoming then court proceedings could be considered if that were viable. I consider that the funeral director has acted incorrectly and that you have cause for complaint.
Customer: replied 1 year ago.
I wrote to the National Funerals Director Association they basically said that because I I didn't raise a complaint at the time they considered the matter closed.Everyone states Data Protection Act -it's a disgrace, how do I know what's been completed on these forms if I can't see them -my solicitor isn't really interested as he just tells me to move on . I should be able to see this informationDo you agree ?
Expert:  JGM replied 1 year ago.
The data protection legislation is regularly cited wrongly by organisations and that is the case here. You are the executor and you are also, as the English say, next of kin. On both counts you should be entitled to the information. If your lawyer won't help you, change your lawyer.
Expert:  JGM replied 1 year ago.
Let me know if I can help you further with this. Can you also remember to leave a positive feedback on the system so that the site credits me for my time. Thanks for using JustAnswer.