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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 8
Experience:  Qualified Solicitor
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I am taking a non blood relative to a small claims court as

Customer Question

I am taking a non blood relative to a small claims court as she removed the gravestone which was on my mothers grave and replaced it with one which showed my mothers name as being wrong not in spelling but completly wrong. My mothers name is ***** ***** she had it showing as o'donnell. the stone could not be altered and a new one was required. At first she agreed to replace it. The title deed of the liar had died and so had his wife with no surving children, therefore under Glasgow City Council rules the liar rights then fall to the liar owners eldest surving brother, who is my uncle. My uncle then bequested the liar's rights over to me. I then replaced the headstone and have taken the individual to small claims court to recoup the money. The problem i have is when my uncle signed the titlte over to me we had mistakenly mis typed the lair no as 23 and the section as 203 when it should have been section 23 liar 203. I have received a letter form the defendants solicitors stating they will defend my claim and that i am not the legal title holder nor the owner or purchaser of the headstone which was removed which was incorrect as the original stone was purchased by 8 member of the family 3 of whom are dead the the other 4 have gifted me the rights of the original headstone as 3 of them are my siblings and the other is the same uncle who has bequested me the liar rights, plus i also contribuited to the stone. Is there an arguement i can use to allow the judge to accept the type error or can the bequest be verball and not in writting? My uncle can amend anything as he has since had a head injury and had 2 major brain opeations and has now got brain damage and is very confuse. His wife witness the bequest along with another individual and they all signed it but the section and liar is around the wrong way. Help please.
Submitted: 5 years ago.
Category: Scots Law
Expert:  JGM replied 5 years ago.
Thank you for your question.
Does the defender make a claim to the lair in any way? What right did that person have to erect a gravestone or what right did they perceive they had.
And who does the local authority considers has right to the lair.
I hope this helps. Please leave a positive response so that I am credited for my time.