Burial Plot/ Headstone

katy_00

If one member of a family is the named owner of the plot, what is the situation if the remaining members of the family are not in agreement with this person and want different things i.e. headstone. Legally speaking as there is no chance of reasoning nor will the person sign the grave over.

Jo King

katy_00 wrote: »

If one member of a family is the named owner of the plot, what is the situation if the remaining members of the family are not in agreement with this person and want different things i.e. headstone. Legally speaking as there is no chance of reasoning nor will the person sign the grave over.

A lot would depend on who contributed financially to the hypothetical plot.

katy_00

This one member of the family went to the local authority and paid for the plot and put the plot in their name, behind the backs and against the wishes of the remaining family.

This person is now taking injunctions to prevent other family members having any say (including the next of kin) in anything to do with the grave..including flowers!!!

Very messy family situation really, just wondering if anyone knew if anything could be done legally?

Victor

If someone wants to be buried in a certain place or under certain rules, then surely that is for them to decide. I imagine a will or other instruction in the matter would be binding. Further, they have gone and bought the plot, so I presume there is no liability.

I presume the plot hasn't been used before and the person is of sound mind and the matter is in good taste (I'm sure the council / cemetaries committee will have rules on this).

katy_00

I should have explained myself a bit better..sorry.

There is already somebody buried there.

The family buried a sibling. Then another sibling who does not get on with the rest of the family went to the local authority and paid for the plot and put the plot in their name. Purely to cause problems..and succeeded. This has caused huge upset to the family as the other sibling is getting injunctions to prevent the rest of us from having anything to do with headstones and even from putting flowers on the grave.

The person buried in the grave was not married but has 2 children. The children are minors. I was wondering if the children would have any legal status to overpower the person who paid for the plot.

We are arranging a solicitor to get advice but in the meantime I wanted to see if anyone knew.

katy_00

Oh and there was no will...

dK1NG

Jo King wrote: »

A lot would depend on who contributed financially to the hypothetical plot.

Just on this, what if the person who paid for th e plot for another member of the family to be buried in subsequently passes away. Ie, parent buys plot for dead child. When that parent dies and is buried in the same plot, who then has entitlements, in a large family, with spouse predeceased??

Victor

Are the parents of the deceased still alive? Did the deceased name a next of kin?

You might have a word with a solicitor or possibly even local clergy, assuming there was a religious burial.

You might try to find out what the council's / cemetaries committee's rules are.

krd

This such a grubby Irish thing. Someone dies, and malignant family members use the memoriam, as basis for inflicting more pain and suffering on remaining family members. Rural solicitors make a fortune out of this crap.

I have seen this kind of argument drag on for some people for over a decade. As some people wish memoriam texts to be deeply offensive. (my own grandfathers memoriam. On inspection to an uninvolved bystander seems unremarkable. But to someone who knows the intention of the semantic construction, it's obscenely offensive. Which would have never been their wish). It's pathetic, that in death, you can be used as leverage in some awful sordid petty greivance.

Cast a cold eye on life, on death. Horseman pass by.