Executing a Will / Contesting a Will | FerrariChat
Buy

Executing a Will / Contesting a Will

Discussion in 'Other Off Topic Forum' started by gregh, Oct 11, 2006.

This site may earn a commission from merchant affiliate links, including eBay, Amazon, Skimlinks, and others.

  1. gregh

    gregh Karting

    Dec 7, 2004
    221
    Farnborough, Hants
    Full Name:
    Greg Hurst
    #1 gregh, Oct 11, 2006
    Hi,

    I am UK based and an executor of a relatives Will. One of the directions in the will is for the deceased's ashes to be joined with the ashes of the relatives (now deceased) marital partner.

    My problem is - another relative who has hold of the marital partners ashes wont give them up for them to be buried together. The Marital partner didnt leave a will......

    Can anyone offer any ideas as to what i can do? I have just found this out and the funeral is taking place tomorrow morning....(family eh?!!) and its now 8.30pm uk time, so going down the normal route of solicitors at such a late stage and at this time of night is a no no

    Where do i stand legally, as i have to carry out the wishes of the Will? Can i penalise the relative if they are a beneficiary of the will by withholding some of the estate until the ashes are handed over?

    Please help

    thanks
     
  2. LetsJet

    LetsJet F1 Veteran
    Owner

    May 24, 2004
    9,334
    DC/LA/Paris/Haleiwa
    Full Name:
    Mr.
    #2 LetsJet, Oct 11, 2006
    Greg,

    I don't see how you can be held responsible for something you have no legal authority to do. I would make a good faith effort in writing and hope for the best. Further, if there is no time frame, then time is on your side. He might get his wishes followed years from now.


    Good luck
     
  3. gregh

    gregh Karting

    Dec 7, 2004
    221
    Farnborough, Hants
    Full Name:
    Greg Hurst
    #3 gregh, Oct 11, 2006
    that was my thoughts, cheers
     
  4. Buzz48317

    Buzz48317 F1 Rookie

    Dec 5, 2005
    2,862
    Shelby Twp., MI
    Full Name:
    Michael
    #4 Buzz48317, Oct 11, 2006
    Sticky situation with no good ending in sight. Someone is going to be upset. in the states (at least in Michigan) cremated remains are considered personal property. If the will of the marital partner stated that they are property of the custodian that's it. There is really no leg to stand on. If that custodian dosen't want to give them up for burial there is no court here that can make him/her do so. You would be in violation of your fiduciary responsibility to withhold assets from the estate as dictated in the will.
     

Share This Page