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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My dad has died his ashes went in with my mum, there is also

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My dad has died his ashes went in with my mum, there is also room for my brother. Because there is a family dispute between family members both have obtained permission for a head stone to be put in place now the parish council have rejected both applications. So the plot remains with no headstone. One member has backed down so could the other member go ahead as planned

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

I am sorry to read of the above. May I ask who owns the rights to the burial plot? Usually the parish council will grant a right to someone to a burial plot either as a lease or a licence.Do you know if there is any such entitlement and if so who has the entitlement? Was it your parents?

Customer: replied 9 months ago.
It was my Dade

Thank you. Did you father make a will? If so do you know who he appointed as his executors?

Customer: replied 9 months ago.
there was a will myself and the rivalry other person she is the one that's backed doen

Thank you. As executors you both have equal rights to administer your father's burial wishes and as such, if you are in disagreement with each other, they can be no decision. If you're coexecutor has decided to concede to you then there is no reason you cannot approach the parish council again and ask them to reconsider your request. They may ask you for confirmation from the other executor as they are aware of them but they do not strictly need to.

If they accept your application then you can proceed to order the headstone. Where possible, it is ideal if executors can agree on administration otherwise major decisions can be delayed. Also major decisions, in particular, the sale of a property, requires both of your agreements together and where executors cannot agree, it can be costly to the estate because disputes have to be decided by a court.

But yes in terms of the above there is no reason that you cannot reapply now and say that your coexecutor is now in agreement or at least is willing to defer to your wishes.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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