VIC RIGHTS OF INTERMENT

[Falcongirl]

In April 2014 my mum died leaving my alcoholic brother as executor of the will. There are five surviving children the eldest with cerebral palsy.
Mums estate and property was administered by estate trustees who became involved because of a dispute surrounding her welfare. My brother was being paid a careers pension from centrelink but wasn't caring for her. It was a situation of elder abuse and significant fraud was committed on her bank accounts. He managed to get into her ear and wrote out one of my other brothers due to a personal dispute between them.

The will was contested and eventually split five ways with the bulk going to the brother with cerebral palsy.

There are 2 graves attached to the estate. One is my sister's grave with room for 3 people. Mum's intention is that my cerebral palsy brother is to be buried with my sister.

The other is my parents grave. My name is spilt incorrectly on the grave plague.

I had to let alcoholic brother and senior son brother who was written out duke it out between themselves over the estate.

However my name is still spelt incorrectly on the grave plague and this really hurts..

Mum's intention was that my cerebral palsy brother was to be buried with my sister.

As it stands now alcoholic brother is refusing this to happen.

Can I take my alcholic brother into court to fight for the rights of interment?

More importantly do I have any chance of success.

I do not want any random slut from my alcoholic brother family buried with my sister. I would also like to correct the plague with the misspelt name.

Thoughts?

 

[Cantell]

My name is spilt incorrectly on the grave plague.

Thoughts?

Seriously??????!!!! Who cares how your name is spelt on the plague!!!! Think more about your life now rather than your name after you die!

 

[Falcongirl]

Seriously??????!!!! Who cares how your name is spelt on the plague!!!! Think more about your life now rather than your name after you die!

I care.....

I was named for the woman who saved my dad's life during WW2. Your comments are unhelpful and frankly border on ridiculous.....

 

[Cantell]

I care.....

I was named for the woman who saved my dad's life during WW2. Your comments are unhelpful and frankly border on ridiculous.....

so is your concern about the plague

 

[Nighthelyn]

Dear Falcongirl,

Sadly your options are very limited.

From your post, there was a will dispute, but your brother (alcoholic, but appears this fact is legally uninteresting because he was not removed) remains named executor of the estate and presumably trustee of the right of internment. The person having the right of internment is required to take into account of all stakeholders but has final say including spelling on any plague. A trustee will require an order to be removed but evidence of unfitness is a high burden to overcome. Operators of graveyards have some dispute resolution power but limited. Most courts do not have specific authority that overrule the say of a trustee except the Supreme Court WA. If the trustee passes, the right of internment would pass to next-of-kin and could be by nomination.

Your options are:

1. formally request your brother to amend the error, showing photo and your legal name in a legal document, and when your brother does not respond or refuse bring the matter to the graveyard operator requesting the error to be corrected. Would depend on the nature of the error and if your other siblings are supportive of your action.

2. contact WA trustee and guardian to attempt mediation with your brother to reach terms of settlement, and they may refer tribunal as the more appropriate dispute resolution vehicle.

3. If your brother passes, deal with or request to be appointed right of internment holder and amend.

4. I put this option here but I feel it is unlikely to succeed and costly on present information - apply an order with Supreme Court WA to remove your brother as trustee and right of internment holder.

I do not profess to understand but unfortunately if this matters enough for you you should seek legal advice.

Good luck!

-Nighthelyn

 

[Falcongirl]

Dear Falcongirl,

Sadly your options are very limited.

From your post, there was a will dispute, but your brother (alcoholic, but appears this fact is legally uninteresting because he was not removed) remains named executor of the estate and presumably trustee of the right of internment. The person having the right of internment is required to take into account of all stakeholders but has final say including spelling on any plague. A trustee will require an order to be removed but evidence of unfitness is a high burden to overcome. Operators of graveyards have some dispute resolution power but limited. Most courts do not have specific authority that overrule the say of a trustee except the Supreme Court WA. If the trustee passes, the right of internment would pass to next-of-kin and could be by nomination.

Your options are:

1. formally request your brother to amend the error, showing photo and your legal name in a legal document, and when your brother does not respond or refuse bring the matter to the graveyard operator requesting the error to be corrected. Would depend on the nature of the error and if your other siblings are supportive of your action.

2. contact WA trustee and guardian to attempt mediation with your brother to reach terms of settlement, and they may refer tribunal as the more appropriate dispute resolution vehicle.

3. If your brother passes, deal with or request to be appointed right of internment holder and amend.

4. I put this option here but I feel it is unlikely to succeed and costly on present information - apply an order with Supreme Court WA to remove your brother as trustee and right of internment holder.

I do not profess to understand but unfortunately if this matters enough for you you should seek legal advice.

Good luck!

-Nighthelyn

so is your concern about the plague

It's the plague. But also because mum had provided for her disabled child to be buried with my sister.

Mum was extremely pragmatic about the future. However the executor of the estate only appears to be interested in conducting petty spiteful vettatious arguments against his siblings.


I should also point out that it would appear that we have all inherited the right to internment as we inherited the estate in shares.

The executor is quivilling because the brother with cerebral palsy inherited more money then was provided to the siblings who were able bodied.

 

[Falcongirl]

Dear Falcongirl,

Sadly your options are very limited.

From your post, there was a will dispute, but your brother (alcoholic, but appears this fact is legally uninteresting because he was not removed) remains named executor of the estate and presumably trustee of the right of internment. The person having the right of internment is required to take into account of all stakeholders but has final say including spelling on any plague. A trustee will require an order to be removed but evidence of unfitness is a high burden to overcome. Operators of graveyards have some dispute resolution power but limited. Most courts do not have specific authority that overrule the say of a trustee except the Supreme Court WA. If the trustee passes, the right of internment would pass to next-of-kin and could be by nomination.

Your options are:

1. formally request your brother to amend the error, showing photo and your legal name in a legal document, and when your brother does not respond or refuse bring the matter to the graveyard operator requesting the error to be corrected. Would depend on the nature of the error and if your other siblings are supportive of your action.

2. contact WA trustee and guardian to attempt mediation with your brother to reach terms of settlement, and they may refer tribunal as the more appropriate dispute resolution vehicle.

3. If your brother passes, deal with or request to be appointed right of internment holder and amend.

4. I put this option here but I feel it is unlikely to succeed and costly on present information - apply an order with Supreme Court WA to remove your brother as trustee and right of internment holder.

I do not profess to understand but unfortunately if this matters enough for you you should seek legal advice.

Good luck!

-Nighthelyn

We are in Victoria. This opens it up to the three courts system Supreme county and magistrate court.

There is some case law supporting the removal of executors for fraud incompetence etc. Nothing after the grant of probate.

We won't be participating in dispute resolution as it only allows him an opportunity to Vent how hardly done by he was......

 

[Cantell]

We won't be participating in dispute resolution as it only allows him an opportunity to Vent how hardly done by he was......

That is so mean....you should always listen to your brother venting. Don't shut him up. He is your brother. Be nice!