Grandchild claims urn?

Questioner

My mother passed away 25 years ago and wanted to be scattered over the heath. My brother wanted to keep her urn with him (we have 3 children). We thought that was okay as long as he needed it. However, he passed away a few years ago and has written in his will that he wants it to stand next to my mother in the cupboard. His children do not want to change this and do not want to give my mother's urn to be scattered, because it is in their father's will. Can I do something about this legally?

Lawyer

I understand that this is a difficult and sensitive situation. The urn is likely part of your brother's estate and normally the will is the guiding principle in how the estate is distributed. However, in this case there is a potential conflict between your mother's wishes (as you understand them) and your brother's wishes (as set out in his will). In general, an estate can be reevaluated if new information or circumstances come to light that were not known at the time of death. You could argue that your mother's original intention to be scattered on the moors was never conveyed to your brother when he received her urn. However, it is important to stress that this is a complex legal issue that is quite specific and it may be wise to seek further legal advice from a solicitor who specialises in inheritance law as it appears that you may need evidence of your mother's intention/wishes. It is also important to remember that a will is a binding legal document. Changing or ignoring the terms of a will can have serious legal consequences. However, there are circumstances in which the court may decide not to follow the wishes in a will, for example if those wishes conflict with the legal rights of certain heirs or are contrary to public order and morality. Again, given the specific details of your situation, I would recommend seeking legal advice from a probate law professional to help you determine the best way to handle this delicate situation. ' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer