Help Needed

mandyminx

Hi
I was wondering if anybody could help me my daughter in law's father has recently passed away and now has a lot of problems with his partner, his partner told her that she was burying him miles away as it was his wishes which my daughter in law was very distraught, as he had had said to her he wished to be buried where they live, however she was on next to kin and therefore she received the death certificate. My son and a family member went to visit the partner and was very civil asking to see the copy of the will which she said she had but she was very very rude and nasty and said no and bluntly said he had no money they explained that the money wasn't the issue they wanted to see any burial wishes, and still got the answer no. However it has been discovered that the will is at a solicitors. They have asked to see it but been refused, they went to a funeral directors today the partner had already been in but now will not deal with her. We know there was a trust fund for my daughter in laws sister who is still young but was in her fathers name which had came off his mother when she passed. They have had to pay out £950 today at the funeral directors and having to get a loan for the funeral, they can not afford a solicitor. Any advice please.

maximumgardener

as there is a will, you should try and find out who the executors are for the deceased's estate.

there may just be one or there may be more. approach them for information in a civil manner

Mojisola

mandyminx wrote: »

However it has been discovered that the will is at a solicitors. They have asked to see it but been refused

Presumably, they are not named as executors and the solicitor was right not to show it to them.

they went to a funeral directors today the partner had already been in but now will not deal with her.

They have had to pay out £950 today at the funeral directors and having to get a loan for the funeral, they can not afford a solicitor.

Why have they had to pay anything to the funeral director when it seems that his partner is the executor and the person who has signed the contract for the funeral?

mandyminx

Thank you for you replies they don't know who the executor/s is they have a strong suspicion it is his partner and they have tried being civil to her but she is having none of it even spreading nasty rumours round about where they live. They have paid and are dealing with the funeral as he put my daughter in law as next to kin and she wants him buried where they live not miles away.

TonyMMM

Your post is confusing - is you daughter in law now arranging/paying for the funeral ?

Next of kin has no real legal meaning in England. The executor of the will has responsibility for dealing with the estate - which may or may not include funeral wishes.

If the solicitor has the original will - they don't have to tell you anything, but I would expect them to tell you who the executor is - there is no reason for them to let you see the will at this stage, but once probate is applied for & granted anyone can get a copy of the will (for £10).

Likewise - the death can be registered by anyone qualified under the legal rules to do so, not necessarily the closest family - a partner can do it. Again death certificates can be obtained from the relevant register office.

Mojisola

mandyminx wrote: »

having to get a loan for the funeral, they can not afford a solicitor.

They shouldn't have to pay for the funeral. The cost should come out of the deceased's estate.

If they have arranged the funeral and signed the paperwork, they have made themselves responsible but they can ask the solicitor for the name of the executors so that the bill for the funeral can be sent to them.

paddy's_mum

I was told many years ago by a very experienced solicitor that 'ownership' of a body is vested in the executor/s not the next of kin.

nom_de_plume

TonyMMM wrote: »

..........but once probate is applied for & granted anyone can get a copy of the will (for £10).

There was a suggestion of no money existing so there may be no reason to apply for probate in which case the Will will never enter the public domain.

TonyMMM

nom_de_plume wrote: »

There was a suggestion of no money existing so there may be no reason to apply for probate in which case the Will will never enter the public domain.

True .....

paddy's_mum wrote: »

I was told many years ago by a very experienced solicitor that 'ownership' of a body is vested in the executor/s not the next of kin.

"There is no property in a body" was an established legal principle ... but in practice someone can take "possession" of it and arrange the funeral. Whoever registered the death will have been given the green form that allows the body to be buried/cremated. Without that form, no-one else can do much.

mandyminx

Thank you for your replies my daughter in law had the green slip and registered the death and is making the funeral arrangements I guess they will have to wait to see what the will says it was just they wanted to know if the will stated his wishes for his funeral with his partner being very awkward about it she just wants her father laid to rest.