Legal Right - New Lair Deeds

Dwake75

I’m not sure if this is a proper section or form to ask this..

My question is as follows

To try keep this short as possible.

My Brother bought a new Burial Lair or Plot when my mother passed away which has gone into his name, the overall cost which has now mostly been repaid by my Father and the invoice for cost was both in my Brother and Fathers name,

When it comes to this Burial “New Lair” who has more legal right to the deeds of the plot? My Father or Brother?

If its my Father, how would he go about fixing this? As my borther is refusing to give him the deeds or have any contact...


We are based in Scotland.

Shelldean

the rules usually varies for Scotland.


But I know in England the person who name is on the plot deeds is the one with power to open the plot to place a person into it.
Doesn't matter who paid, it's the name on the deeds that matter.


we had this issue recently.
OH nan purchased a plot in 1977 to place her dec'd husband in. Thinking ahead she placed the plot in their son's ( my f-I-l) name.
However the son pre deceased his mother.
So when OH nan passed this year, the council refused to allow us to open the plot to place Nan in, without the permission of the holder.
Which as he'd been dead seven years was impossible.


We had to pay to transfer the grave to my OH so he could bury his nan
The grave ownership should've been transferred m-I-l as the next of kin of the deceased plot holder, but she didn't want to deal with it all, plus my OH was dealing with everything.


M-I-l had to swear an oath relinquishing all rights to the grave, as did OH two sisters, OH had to swear an oath stating he knew of no others who had a 'right' to the grave.


Once the grave was in his name, we could arrange the funeral.


So in my experience, despite Nan paying for the plot, the important part was whose name the plot was registered in.


But as I mentioned at the beginning Scottish rules are often different to English ones

BobQ

OP, I understand that in England the right to bury a body in a plot is owned by the holder named. If they die that right can be bequeathed to another person or would pass with the residue of their estate in a Will or according to the intestacy rules.

It seems to be similar in Scotland

http://www.pkc.gov.uk/article/2821/Burial-rules-and-regulations