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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16923
Experience:  I have been practising for 30 years.
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My sister has told some despicable lies to instigate

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My sister has told some despicable lies to instigate safeguarding on my dad, who has subsequently died. Because a section 27 (?) was initiated. Social services are looking into the allegations. As a result we could not visit him before he died, she is now using it to exclude us from the funeral. on the grounds of "safeguarding" which she knows are lies What options are open to us?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: we have been told it is a civil matter.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live within minutes of our local county court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: that is everything, thank you

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

did she have POA for your father?

did he leave a Will? is she executor?

otherwise what would you like to do about this?

Customer: replied 4 days ago.
Customer: replied 4 days ago.
POA - no my dad had full capacity, she lied to the district nurse to get him into hospital.
There is no will, dad didn't have money or property.
Can she legally bar us from the funeral?

Thank you. The short answer to your question is, no, she cannot unless she is his personal representative (executor) of the estate. There was no will so she cannot be.

Even if she had power of (which I accept that she did not) it ceases on death.

What you have been told is correct, it’s a civil matter although I don’t actually know how your sister is trying to ban you from the funeral because short of having a fight, you can simply turn up.

I am not certain whether that answers the question for you or not but I am happy to answer any specific points arising from this.

Can I clarify anything else for you?

Please note that my answer is based strictly on the information that you have given me. If you have not given me all the information, then my answer may be incomplete or wrong.

I am happy to answer any specific points arising from this.

If you still need any points clarifying, I will be happy to reply because the thread does not close.

Thank you.

Best wishes.


Customer: replied 4 days ago.
Thank you,
She is stopping us going to the funeral by with holding all the detail including the name of the funeral director.
Once/if we find the funeral director, are they allowed to stop us from visiting? or with hold the information of the service?

It shouldn’t be rocket science to find out where and when the funeral is. There will not be many funeral directors and you can ring them all and ask them what the arrangements are for flowers. Don’t tell them why you want to know.

You can do exactly the same with all the florists in the town and that should produce a result.

If it’s a cremation, there are not going to be a lot of crematoriums so you could also speak to the crematorium.They cannot physically assault you to stop you attending.

Customer: replied 4 days ago.
Thank you

No problem at all. I am glad to help.

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