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Family law: Widow and mother fight over where to bury soldier's body

After losing her soldier husband recently, Stacey Connolly was shocked to learn that the MoD had decided to release her husband's body not to her, but to his mother.

Stacey and her mother-in-law Linda McComiskie cannot agree on where Private Mark Connolly's final resting place should be: his mother wants to bury him in a family lair in Methil, Fife, but Stacey claims that Mark did not like Methil and wants him buried by her brother in Forfar, Angus.

Stacey is now seeking a judicial review of the MoD's decision to send Mark's body to his mother.

The MoD claims it must release Private Connolly to his mother because she has been named the executor.

But Stacey's solicitors state that, while that may be the case for English law, the same rules do not apply under Scottish law.

Lord Brodie, speaking after the debate at the Court of Sessions, promised to give his decision at a later date saying, "It will obviously be given very high priority."

Private Mark Connolly, who was in the Black Watch, had survived an explosion in 2009 in Afghanistan, which killed his colleague, only to die from injuries sustained in a fight outside a pub in Germany, where he was attending an army driver's training course.

Related links:
Read more on the story (Daily Record)
Find out what an executor or administrator does (FindLaw)
Find local family solicitors throughout the UK (FindLaw)