My Mother’s Grave, Rights to Burial. Please Help.

[Louise5k]

I would greatly appreciate if anyone can shed any light regarding an issue with my mother’s burial plot. When my father died in 2002 I understood the exclusive right of burial on the plot passed to me and my sister. Local cemetery records substantiate this.

My maternal grandfather passed away in 2009 and I was put under enormous pressure to give permission for his ashes to be buried with my mother even though it was not his wish. He was subsequently buried there. I had been led to understand on my mother’s death my father had bought the plot for my mother’s ashes and a headstone.

Now my maternal grandmother’s death is imminent (whom I am estranged from) the subject is raised again. I have now been told in fact my maternal grandfather bought the plot, which is possible but it was certainly in my father’s name, so whether or not my grandfather paid for it, as it was in my father’s name I assume my grandfather chose this arrangement, he was never a man to be walked over.

With only my father’s name on the deed of right only he ever had the exclusive right to burial and this passed to me and my sister on his death. I believe whomever purchased it, it was clearly purchased only for the sole purpose of burial of my mother’s ashes. There was not at the time any thought/plan for it to be used to eventually bury my grandparents.

An aunt is incensed that I own the right to burial in the plot and that I may have the power to prevent further burials in it, namely my grandmother. She thinks if my grandfather did buy the plot, which is her belief, as his and my grandmother’s beneficiary she would be entitled to a claim on it, even though the cemetery office holds information that clearly states only myself and my sister as owners from the passing down from my father. I have not been able to find any proof of who made the actual purchase.

Aunt is very wealthy (I am not) and will happily drag me endlessly through courts if necessary to get her way. Cemetary office said it was clear cut, if in my father’s name it’s a simple matter of passing down rights via inheritance, but if my grandfather paid the money then allowed it to be registered in my father’s name and passed down to me, would my grandparents and now my aunt ever have any claim to it in the eyes of the law? If you bought something for someone and it was in their name, would that give you or your beneficiary any future right to the use of it, particularly without permission. I think no, as a rule, but could this be different?

This is an important matter for me and it would be extremely helpful to have some advice. Other sources have yielded no help so far and I’m hoping someone might know.

Many thanks.

[Amethyst]

Re: My Mother’s Grave, Rights to Burial. Please Help.

When you say buried do you mean the ashes ? ( just checking )

[Louise5k]

Re: My Mother’s Grave, Rights to Burial. Please Help.

Sorry yes, my mother was cremated and ashes buried, as was my grandfather. Although in fact it is a full length/depth plot so there remains space for other interments.

[Amethyst]

Re: My Mother’s Grave, Rights to Burial. Please Help.

Okay, so you can have multiple burials of ashes in the same plot. Are there limits on numbers as far as you know?

It matters not who purchased the deed but in whose name it was, and that was your father ( you have the deed ) so he held the rights, and it passed to you and your sister on his death. Did you discuss with the cemetry about transfering the Deed into your or your sisters name ?

[MENTION=39710]des8[/MENTION]

Not sure which applies


Cemeteries Clauses Act 1847

44 Rights of burial, &c. to be assignable, or may be bequeathed by will.
The exclusive right of burial in any such place of burial shall, whether granted in perpetuity or for a limited time, be considered as the personal estate of the grantee, and may be assigned in his lifetime or bequeathed by his will.

47 Probates of wills to be registered.
An entry or memorial of the probate of every will by which the exclusive right of burial within the cemetery is bequeathed, and in case there be any specific disposition of such exclusive right of burial in the said will an entry of such disposition, shall, within six months after the probate of such will, be made in the said register, in the same manner as that of the original grant; and until such entry no right of exclusive burial shall be acquired under such will; and for every such entry or memorial the clerk of the company shall be entitled to demand such sum as the company think fit, not exceeding the prescribed sum, or if no sum be prescribed [F1812½p.]

The Local Authorities' Cemeteries Order 1974 says basically the same and the 1977 Act keeps that enacted.

[Louise5k]

Re: My Mother’s Grave, Rights to Burial. Please Help.

Thank you for taking the time to respond. I didn’t ask the cemetery office specifically at the time of my father’s death about transfer, I didn’t really look into it properly either when I was asked (bullied) to sign permission for my grandfather’s interment in 2009, I was informed at the time my sister and I jointly owned it, my sister obtained the relevant forms and I was pushed into signing permission. I do have a signed copy of the deed, in my cemetery paperwork they refer to it as the grant, as they reissued it to me after the 2009 interment. It’s clearly in only our names.

I no longer want to be forced into agreeing further family interments in my mum’s grave and am willing to stand up to the aunt concerned but my sister believes aunt will move heaven and earth to try to legally obtain the rights to my mum’s grave. Aunt thinks she can legally find a way to remove our rights if her father, my grandfather, paid for the plot, not my father.

I thought the same as you have said, but have been trying to find confirmation that in this situation the actual original purchaser (who physically paid the money) is irrelevant, legally it only matters who is named on the deed/Grant and irrespective of who may have paid, it was in my father’s name.

[Louise5k]

Re: My Mother’s Grave, Rights to Burial. Please Help.

To clarify, I believe though we were the beneficiaries of the grant when my father died in 2002, the transfer of names took place in 2009 when my extended maternal family wanted to use the plot and an application was made. It was then officially transferred at that time. Not used since.

[des8]

Re: My Mother’s Grave, Rights to Burial. Please Help.

I would agree with [MENTION=6]Amethyst[/MENTION].
If (and it does seem to be an IF) your (maternal?) grandfather gave your father the money for the plot, or paid for the plot directly there is nothing to suggest the gift was conditional on a future happening (burial of your maternal grandparents). (unless some member of the family is hiding some document!)
If your aunt thinks she should have inherited the plot because the real owner was your grandfather, her action has to be against the executors of your grandfather's estate.
Did your father leave a will (which didn't particularise the plot?) which named you & your sister as residuary beneficiaries, or did he die intestate, in which case you inherited according to the intestacy laws?

Whatever,I don't see your aunt having a snowball's chance of winning.
She doesn't have the standing to bring this to court, unless she is your grandmothers executor
Doubtlessly she will find a solicitor who would willingly relieve her of her money to fight this, but that doesn't mean she would win.

[Louise5k]

Re: My Mother’s Grave, Rights to Burial. Please Help.

Thanks. My father died intestate, the situation was described to the cemeteries office when the application for my late grandfather’s interment went in, they then followed policy and transferred ownership of the grant of burial rights to my sister and me.

My grandfather left everything to my grandmother, she is now very elderly and not in good health. When she passes her estate will pass more or less in entirety to this aunt, my late mother’s sister. I do think my grandmother may have made a will, her estate will be very modest, their house was signed over to this aunt many years ago anyway with an agreement my grandparents could remain living there.

Aunts belief is that she can get a court to award her ownership of the grant based on the fact that my grandfather paid for it, therefore ownership should’ve passed to my grandmother on his death, and aunts on grandmothers death. I’m not sure that there is even any proof that my grandfather paid, I’m trying to establish that, but regardless it was never, to my knowledge in my grandfather’s name, only ever in my father’s.

[des8]

Re: My Mother’s Grave, Rights to Burial. Please Help.

The rights to the plot were registered in your father's name.
Your aunt will have to show i) it was actually paid for by your grandfather
ii) somehow that for some reason it was not actually given to your father.
iii) she was the rightful heir

A mountain to climb, especially as usually such claims against a deceased's estate must be made within 6 monthsof the Grant of Representation (although rarely the Court may allow later claims to bemade).

[Louise5k]

Re: My Mother’s Grave, Rights to Burial. Please Help.

I’m feeling more positive that she will find it doesn’t necessarily matter how much money you have and how many threats you make, you can’t bend the law to your will. Thanks for the input.