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Who has rights

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Comments

  • TonyMMM
    TonyMMM Posts: 3,431 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 25 April 2018 at 11:09AM
    The law often says "there is no property in a body" so who has the absolute "right" to deal with funeral arrangements is often a grey area, unless a will specifies otherwise.

    She is a relative, and so it is perfectly OK for her to have registered the death and dealt with the practical aspects - whether she should do that without consulting you is really a moral issue and one of family politics.

    You could take legal action if you want to be the one arranging the funeral - but it could be expensive and you may not win - think carefully about what you would be hoping to achieve by that.

    If there was no will, then the laws of intestacy apply and assuming he wasn't married then you (and any other children) inherit his estate , after any debts have been paid. That would include his personal possessions.

    You should remind her of that.
  • mrpudu
    mrpudu Posts: 5 Forumite
    thank you for that. What you have said is exactly what I have been led to believe. I don't want an expensive law case......to solve what? There is no point. Its all about morals at the end of the day and you have to be a very cruel or misguided individual to do that.
    mrpudu :)
  • Rubik
    Rubik Posts: 315 Forumite
    Rampant Recycler
    I appreciate that you are hurting right now, but please reconsider going to your Dad's funeral. You don't have to speak to the great-niece if you don't wish to. If you don't go, you may end up regretting this, and it won't be something you can change. Perhaps talk it over with a bereavement specialist - Cruse would be a good place to start https://www.cruse.org.uk/
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you don't feel able to go to the funeral, you could still consider going to the funeral home to say good bye, and there would be nothing to stop you organising a memorial service later on if you wanted. I do agree, however, that you should go to the funeal if you want to, regardless of what she says or wants. Maybe contact the vicar or crematorium to let them know that you are your dad's son and that his niece is trying to exclude you - make them aware that you will be attending, and discuss the service and (for instance) whether you want to be able to say anything or even to have time yourself before or after the formal service.

    Has the great niece specifically told you not to go, or is she simply taking over arrangements?
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mrpudu wrote: »
    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.

    No, the estate will pay for the funeral, if funds exist. Are you the sole next of kin-any siblings?
    It is assumed from your comments that you were not in contact with your father before his death, but your relative was?
    No free lunch, and no free laptop ;)
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