Right of Burial. Burial and Cremation Act (Scotland) 2016. Amendment to 'Right of Burial'

Right of Burial. Burial and Cremation Act (Scotland) 2016. Amendment to 'Right of Burial'

132 have signed. Let’s get to 200!
Petition to

Why this petition matters

Started by Claire Wallace

Please help our family by signing this petition to request a Bill be raised in Scottish Parliament to Amend the 'Right of Burial/Grave Plot Ownership section' in the Burial and Cremation Act (Scotland) 2016.  The law states that permission to open a grave plot for burial must be granted by the plot owner only. 

This law has caused heartache and misery for thousands, if not millions of families in our country, who are in a family dispute with their siblings, as one sibling (the plot owner) can make the decision as to who is allowed to be buried in the family plot, thus excluding other siblings in the decision making process.  It's unfair, undemocratic, cruel and wrong. The law must be amended as soon as possible, in my humble opinion. 

My darling brother is terminally ill with Motor Neurone Disease. He lives alone and has no partner, therefore his dying wish is to be interred in our family plot in Motherwell, Scotland, with our beloved parents when he dies.

Clearly, we are devastated for him; MND is such a cruel disease and it's an extremely difficult time for our family at the moment. 

Sadly, due to an acrimonious and irreparable family dispute, following our mother's death in 2006, our estranged eldest brother, unbeknown to us, became the owner of our parents grave plot deeds.

As the law states his permission is required to open the grave plot, we duly approached him to request this. Unbelievably, he has denied our request, with no real explanation as to his reasoning why he has denied our dying brother the right to be buried with our parents.

There is no legal reason why my brother cannot be buried with our parents, as Motherwell District Council, Cemetery Department have verified there is adequate room in the plot for one more coffin and several urns of ashes, therefore no legal reason why the plot cannot be opened.

Please help us if you can by signing our petition to have the law amended to state that all siblings in a family have the democratic right to make vital decisions regarding burials in their family plot and it is not left to one family member to make that decision on their own behalf. This amendment would be of great benefit in cases of family grave disputes, which causes great heartache to all concerned. 

As a family, we may not be able to change the law in time for my brother to be interred in our family plot, as time is running out for him sadly.  However, I will continue this campaign for others in the same situation, as our predicament is unbearable, unjust and heartbreaking... No one should have to suffer like this, especially my terminally ill brother, who is heartbroken and utterly devastated. 

Thanks so much for your time in reading my lengthy plea. I sincerely hope you can help us and countless others by signing my petition.

Best wishes 

Claire Wallace 

132 have signed. Let’s get to 200!