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Seeking advice - Exclusive rights of burial

including wills and probate
HeresJonny
Posts: 1
Joined: April 22nd, 2021, 8:30 am

Seeking advice - Exclusive rights of burial

#406037

Postby HeresJonny » April 22nd, 2021, 9:18 am

Hello, I'm hoping someone can advise me on the following issue please.

My father passed away two years ago, and his wishes were to be buried with my mother.

The executors of the will who are also the sole beneficiaries (this is another story) completed a statutory declaration to take ownership of the grave as the original deeds were lost.

Instructions are: Where the deed has been lost, suitable wording should be incorporated within the declaration to the effect. It is essential that the written agreement of all the next of kin of the deceased owner to the transfer of ownership should also be obtained and attached to the Declaration to confirm the transfer the ownership.

This is where the problem is. The executors crossed out on the form "There are no other persons entitled to any interest in the said exclusive right of burial" and "All the other persons entitled to any interest in the said exclusive right of burial have signed the form of renunciation overleaf". They didn't give me the opportunity to renounce, which of course I wouldn't have done as its my parents grave.

What should have happened is for myself to complete the statutory declaration, and the executor to sign the form of renunciation to rightfully pass to the next of kin.

My mother had a double headstone on her grave, which of course gave room to be engraved for my dad. And because the executors are ignoring my request to renounce, the grave is just an unmarked pile of mud. The headstone is still in storage and I cant even instruct anyone to have it engraved and put back on and its breaking my heart.

Thank you

stewamax
Lemon Quarter
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Re: Seeking advice - Exclusive rights of burial

#406226

Postby stewamax » April 22nd, 2021, 4:43 pm

I’m a bit confused.
If the executors crossed out:
There are no other persons entitled to any interest in the said exclusive right of burial"
and
"All the other persons entitled to any interest in the said exclusive right of burial have signed the form of renunciation overleaf"

then on the face of it they don’t appear to have lied or denied you anything, harsh as it sounds. Executors rather than next-of-kin would normally expect get title to the plot (as trustees) since it formed part of your father's estate.

But I would have thought that the local authority should have questioned why these clauses were struck out in the Stat Dec (or in any agreement attached to it) and denied the executors title to the plot without a good explanation, and they may well have provided their own definition of next-of-kin to be consulted since (surprisingly) it does not have a legal definition.


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