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Buachaill, Barrister
Category: Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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Hi was after a bit of advice, my father died Aug 2012 he has

Customer Question

Hi was after a bit of advice, my father died Aug 2012 he has been buried in a family plot with his mother, father and sister. We need to have a piece of marble added to the original headstone so we can have my fathers name added, my auntie (dads sister) is the deed holder and is refusing to give us the deeds to have this done unless we pay for my uncle-in-law (who is still living) to add extra marble for him and also when extra marble is added they want us to leave a space for the uncle-in-laws inscription to be added before my fathers.
So there will be inscriptions for the 3 people who are buried there before my father then a blank space for the uncle-in-law then finally inscription for my father. I don't think that this is right or acceptable. I have along with my sister explained our feelings to my auntie who's reply was do and pay as they want or my father stays in a unmarked grave. Any help would be gratefully appreciated Regards Paul.
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.
1. I don't want to sound pessimistic but here is no automatic right in law to be allowed to erect a gravestone at the site where someone is buried, if you do not own the site in the graveyard. When you buried your father in a gravesite to which someone else held the deeds, then you were putting yourself at their mercy. Whilst the attitude of your aunt is callous and unChristian, I regret to say that in law, she can, as owner of the site, determine what happens in relation to it, just as the owner of any property can determine what happens in relation to it. Your only other alternative is to simply bury the body elsewhere. Be aware that once you erect a gravestone at someone else's grave, it remains your property. So there is nothing in law to prevent you taking down any gravestone you own, after the person has died, if you wish!
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