Who has rights

mrpudu

My father passed away a few days ago and a distant relative (great niece) has decided to take charge. She will not let me have access to him, organise funeral or sort out his affairs. The police say they can do nothing. I thought as an immediate child I had rights but apparently anyone can take charge of a death and funeral? I just want to see my dad and organise what needs to be done. Any advice appreciated.

Yorkshireman99

mrpudu wrote: »

My father passed away a few days ago and a distant relative (great niece) has decided to take charge. She will not let me have access to him, organise funeral or sort out his affairs. The police say they can do nothing. I thought as an immediate child I had rights but apparently anyone can take charge of a death and funeral? I just want to see my dad and organise what needs to be done. Any advice appreciated.

Is there a will. The executor has first rights.

Flugelhorn

who has the medical certificate of the cause of death (MCCD) from the doctor? presume they have registered the death? would be given green form at the time and this would be needed for the funeral director.

From the Lancashire.gov site as an example (makes it look like you should have been able to register the death)

Who can register a death
The majority of deaths are registered by a relative of the deceased. For registration purposes a relative is defined to be the nearest relative of the deceased and that person will always take priority.

Rubik

I'm sorry for your loss, this difficult time must only be made even more so by the actions of the distant relative.

I suggest you call round the local funeral directors to find out which one is dealing with your father's arrangements. You will, at the very least, then be able to find out when and where his funeral is due to take place.

I would also suggest that you obtain a copy of his death certificate - go to his local registrar office (you may need to make an appointment). If there is no Will, and only the great-niece a copy of the death certificate there is a danger that she could apply for Letters of Administration which would give her the legal right to deal with his estate. You need to ensure that this doesn't happen. https://www.gov.uk/register-offices

Were the great-niece and your father close?

chesky

Is she physically close to him (living in the same house) and are you some distance away?

TBagpuss

Are you the executor? If so, you do have legal rights, it is technically unlawful for anyone to refuse to release the body to you, but it would be a civil wrong, not a crime.

If you are not the executor, or if your dad did not leave a will, it is more complex. You could apply for letters of administration (effectively putting you in the position of executor) if your dad didn't leave a will.

If he left a will and named his great--niece as executor then she is within her rights to make arrangements etc.

Do you know where your dad is at present? If so, then I would be inclined to go direct to the funeral parlour and by-pass your cousin.

If she is not the executor then I think, if she refuses to speak to you or to allow access you would need to take legal advice and probably to apply for an injunction to prevent her from taking any further steps to have him buried or cremated.

This must be an awful situation and I hope you can resolve it promptly. Are there any other family members who might be able to speak to her and reach an agreement? Do you have any idea why she is trying to block you?

TBagpuss

Just saw your post about there being no will. In that case, as the son, you would (assuming your dad did not leave a spouse) be first in line to apply for letters of administration to deal with his estate, and would have the right to determine what happens with the body.

chesky

If she arranges the funeral, she'll have to pay for it.

mrpudu

yes she will have to pay. There is a policy though and I believe she will be claiming from this. I know its a civil matter and would have to go to see a lawyer.

I have recently found out where he is and I will know when the funeral will take place. I have decided that I cannot go due to the circumstances.

mrpudu

we live very close

mrpudu

Rubik wrote: »

I'm sorry for your loss, this difficult time must only be made even more so by the actions of the distant relative.

I suggest you call round the local funeral directors to find out which one is dealing with your father's arrangements. You will, at the very least, then be able to find out when and where his funeral is due to take place.

I would also suggest that you obtain a copy of his death certificate - go to his local registrar office (you may need to make an appointment). If there is no Will, and only the great-niece a copy of the death certificate there is a danger that she could apply for Letters of Administration which would give her the legal right to deal with his estate. You need to ensure that this doesn't happen.

Were the great-niece and your father close?

they were very close though I dont believe for one minute that he would want to cut me out. I have spoken to his doctor who gave her the paperwork required to register the death. I think she has now done this as he is at the funeral directors, I also think that the funeral has been organised. I will know when this is but probably wont go. Im really hurt. I think the only option would be to go to a lawyer and take out a civil case for some of the things that I would like. I cannot believe that the law cannot help me resolve this.