Family Feud Over Who Can Bury Soldier

Discussion in 'Current Affairs, News and Analysis' started by joe90x, Jul 20, 2011.

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  1. From the Scotsman.

    Mother and widow argue over who should bury Pte Mark Connolly, who died back in May

    Family battles over right to fulfil soldier's burial wishes -

    I'm speechless. Looks like the MoD is caught in the middle of a family dispute. The family do Mark no credit by this dispute. Please folks, come to an agreement without the lawyers, and give your loved one the funeral he deserves
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  2. Surely legally his wife is his NOK?
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  3. Wife - she's next of kin, so Mum will have to mind her own business.
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  4. "The agency says it has to release her husband's body to his mother because she was named as executor in his will."

    His old dear apparently. He should have changed his will when he got married by the looks of it.
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  5. Auld-Yin

    Auld-Yin LE Reviewer Book Reviewer Reviews Editor

    Surely the executor is there to oversee the estate and must follow the advice of the NOK as to burial, not to make the decisions themselves and also to suit themselves? Executor does not mean inheritor so the executor has the role of ensuring the wishes of the deceased are followed. Now, as the deceased obviously can't speak for himself then the executor should surely take instruction from the widow?

    Mind you, being buried is probably the only valid reason for going to Methil.
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  6. This is my understanding also.
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  7. If they're going to go the 'undignified' route of arguing over his remains, why not cremate him and split the ashes?
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  8. Just done a brief bit of reading. Apparently the Executor should help the NOK with details etc, but not dictate, unless something specific is set out in the will.

    So, it looks like the NOK should be the decision maker.
  9. seaweed

    seaweed LE Book Reviewer

    In ENGLISH law, marriage cancels any existing will unless its wording shows it was made in anticipation of marriage.
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  10. Sounds more like a suitable group of RSMs (say AcSM, Lond Dist and IBS) needs to pop around and get them both in a headlock, explain the craic and get the lad buried in a dignified fashion.
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  11. What are they doing with the his body whilst they're arguing over him? :/
  12. Agree I thought this as must be hard for both parties and I hope something can be sorted pretty sharpish with a compromise. If this had happened with me i would of automatically thought Spouse/ Next of Kin would of automatically been in charge.
  13. Just hoping the executor is NOT a beneficiary, otherwise everybody is****ed - the Probate Registrar gets involved.
  14. Sad story, i have just completed the long winded task of being the executor for the estate of the late father in law, which due to its complexity went to probate.

    As others have stated the executor is there simply to ensure that the wishes of the deceased are complied with, having firstly ensured that all taxes, debts and other liabilities have been settled, unless he/she has been tasked with funeral arrangements specifically then my understanding would be that the NOK would be the person responsible for the arrangements, unless the jockinese have a different law?
  15. Looking at the internet (dangerous, I know) it appears that the executor may have primacy over the NoK. A number of sites from Solicitors refer to the executor being responsible for making the arrangements and paying for the funeral out of the value of the estate before distributing the residual assets. Looking at the press coverage this appears to be the basis of the MoD's decision. However, I note the Solicitors for the widow are saying Scottish law may be different to that in England.

    It is a terrible shame that the family cannot agree over the arrangements