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My mother passed away 11 years ago. My brother and I arranged

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
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Customer Question

My mother passed away 11 years ago. My brother and I arranged for 2 burial plots side by side so that when my father passed away we could put him beside her. My father passed away almost 1 year ago. My brother no longer speaks to me because he isnt happy about the will my father left. I tried to arrange a cemetary plaque for my father and am told that only my brother has the right to do so as he signed the documents originally when my mother passed away. I am also told that he has refused to give me permission to arrange the plaque. What can i do to have a a plaque laid for my father who deserves recognition for his life just like anybody else?

Submitted: 1660 days and 22 hours ago.
Category: Australia Law
Value: AU$27
Status: CLOSED
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Expert:  Sydney-Lawyer replied1660 days and 21 hours ago.

HiCustomer
Are you the executor of your father will?
Is it possible that they may accept a copy of the probate to allow you to do anything?
Have you spoken the the funeral director?

Customer replied1660 days and 21 hours ago.

Hi Leon

I am the executor of the will. I havent spoken to the funeral director.

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Expert:  Sydney-Lawyer replied1660 days and 21 hours ago.

HiCustomer
Talk to the funeral director and see what assistance he can give you.
The Will usually says after payment of all my just debts and funeral expenses. This could be interpreted to include a plaque. Maybe you can convince the cemetary administrators to allow it under that clause.
Alternatively you may only be left with the option of taking your brother to court to obtain a court order to allow you to put a plaque on your fathers plot.
If your brother is contesting the will you may be able to use that as an impetus for him to allow the plaque to be put in.
I hope this is of assistance and if so please click on the accept button.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.2 %
Accepts: 17190
Answered: 12/2/2008

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Customer replied1660 days and 3 hours ago.

Dear Leon

 

After your advice I spoke to the cemetary administrator and mentioned that I was the executor of the will and they finally made an appointment for me to come in and arrange the plaque for my father.

 

Thank you so much for your help, I had been so upset by this situation for the last 10 months thinking I couldnt do a thing about it. I will recommend you to anyone I know that needs legal advice.

 

Many thanks!

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Expert:  Sydney-Lawyer replied1659 days and 23 hours ago.

HiCustomer
you are very welcome
Good Luck with it all
You may have to take a copy of probate or the will with you so you dont have any problems.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.2 %
Accepts: 17190
Answered: 12/3/2008

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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