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As myself and my brother are executors to our mothers will…

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As myself and my brother...
As myself and my brother are executors to our mothers will and estate ,we are just 2 of 7 siblings but 1 of them is a Muslim by marriage and our mother had converted to the religion 6yrs prior to her death and was buried as to the Muslim faith .all of the rest of us wish to place a headstone at the grave and we have found information as to what we can have through a very reputable memorial company ,as my sister owns the grave and license can we still go ahead and have the headstone if she disapproves due to her faith ?
Submitted: 3 months ago.Category: UK Law
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Answered in 2 hours by:
3/9/2018
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 368
Experience: Senior Associate Solicitor and Litigator
Verified
Hi and thanks for the question. The fact that you are an executor means you carry out the wishes of your mother in her will to include funeral arrangements and any head stone. Is your sister the other executor?
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Customer reply replied 3 months ago
no ,it's just me and my brother , but my sister paid for the licence of the plot where my mother was buried as it is their was of the Muslim faith
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
Unless the will says “no head stone” then it falls under reasonable funeral expenses and as executors you are free to place a head stone. It does not matter if your sister opposes it.
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Customer reply replied 3 months ago
The will does not stipulate any headstone only who are the executors and who is to have what from the house and how she is to be buried as a Muslim ,also to donate to Muslim charities of which we have done so, even though my sister has paid for the funeral/plot and has the license we the executors can have a headstone placed on our mothers grave without her consent even though she was buried as a Muslim
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
correct. The fact your sister paid for the plot and has the license does not stop the family placing a head stone on it.
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Customer reply replied 3 months ago
do we need to go to the courts and local council cemetery to override her decisions ?
Customer reply replied 3 months ago
do we need to get permission from the courts and or the civic council cemetery to override her decision ?
Solicitor: JimLawyer, Senior Associate & Consultant replied 3 months ago
As I say, unless it’s specified in the will, as executors you are able to do what you planned without any permissions from the courts or Council cemetery. That’s all there is too it. If I can assist further please don’t hesitate to ask. If I have assisted you I’d be grateful if you would accept my answer so that I get credit for being on here helping people like yourself. Many thanks and best wishes, J
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