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Going against funeral wishes in a will?

  • 13-07-2011 12:42pm
    #1
    Closed Accounts Posts: 1,858 ✭✭✭


    My elderly aunt is in a nursing home in the UK suffering from dementia. She has been living in the UK for over 30 years. Her will states that she wants to be interred in x cemetary. My mother wants to bring her home and bury her in the family plot. Can we do that? My aunt had a falling out with her parents and didn't think she could be buried with them :(. She's not dead yet but I'm trying to get her affairs in order. I have to apply to the Court of Protection to be made a Deputy to have access to her accounts so that the nursing home can be paid. She has very little money saved, only enough for her funeral. They could take all this from her so I'm trying to plan ahead.


Comments

  • Registered Users, Registered Users 2 Posts: 1,759 ✭✭✭gustafo


    well she has a will made for a reason, that being that should be her choice and she should be buried where ever she likes.

    imo it's not a nice thing to try and do if her wishes state otherwise.


  • Registered Users, Registered Users 2 Posts: 25,619 ✭✭✭✭coylemj


    gustafo wrote: »
    imo it's not a nice thing to try and do if her wishes state otherwise.

    But there's nothing illegal if they ignore the request in the will because that's all it is, a request or aspiration. The purpose of a will is to determine what happens to the estate of the deceased after they die.

    Anything in the will not directly related to the disposition of assets is simply a wish that certain things happen such as that she is buried in a certain place or the format of the funeral service but none of these are binding on anyone, it's down to the next of kin and their collective conscience.


  • Closed Accounts Posts: 1,858 ✭✭✭CuppaCocoa


    coylemj wrote: »
    But there's nothing illegal if they ignore the request in the will because that's all it is, a request or aspiration. The purpose of a will is to determine what happens to the estate of the deceased after they die.

    Anything in the will not directly related to the disposition of assets is simply a wish that certain things happen such as that she is buried in a certain place or the format of the funeral service but none of these are binding on anyone, it's down to the next of kin and their collective conscience.

    Thank you very much. My aunt has no family in the U.K. and my mother is upset at the thought of her being in a strange graveyard and having no visitors :rolleyes:. With her dementia, my aunt now thinks she is back home in Dublin anyway :(.


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