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A Faculty was refused for the exhumation from the local cemetery of the cremated remains of the petitioner’s late husband, for re-interment in the same grave as the petitioner’s late son in the St. Mary’s churchyard, Bognor Regis. The Chancellor could find no special reason or circumstance to justify him overriding the normal presumption that burial should be final. 

The Petitioners' daughter died aged 10 in 1982 in tragic circumstances, and the petitioners had no part in the funeral arrangements, which included interment of ashes in a consecrated part of Cheshunt Cemetery. Upon making enquiries in 2017 about the possibility of having her remains buried next to those of her daughter, the mother discovered that the ground in which her daughter's remains were interred was consecrated. The petitioners, both atheists, would not have agreed to the interment of their daughter's remains in consecrated ground, had they been aware of the situation at the time of their daughter's death. And in view of her atheistic beliefs, the mother could not contemplate being buried in consecrated ground next to her daughter. The Deputy Chancellor determined that, notwithstanding the passage of time since the interment in 1982, this was a case of exceptional circumstances based on a fundamental mistake at the time of the interment. The Deputy Chancellor therefore granted a faculty for exhumation and reinterment in an unconsecrated part of another cemetery.

The petitioners' baby had tragically died aged two days in 2004. The child's cremated remains had been interred next to the graves of other children in a consecrated area of Cheshunt Cemetery. The petitioners had been happy with the location of their baby's grave and with a Christian service conducted by a priest, though they stated in papers before the hearing that they were "from non-religious families". The petitioners were now planning to move to a town 28 miles away and had in mind moving abroad in 5 or 6 years' time. They now regretted the decision to have the baby's ashes interred and wished to have the ashes exhumed, so that they could keep the ashes with them wherever they moved. The mother intended in due time to be buried with her baby's ashes.  Following the guidance of the Court of Arches in Re Blagdon Cemetery [2002] Fam 299 (“….a change of mind as to the place of burial on the part of relatives or others responsible for the interment should not be treated as an acceptable ground for authorising exhumation ...” and “... remains are not to be regarded as 'portable' at a later date, because relatives move elsewhere and have difficulty visiting the grave ...”), the Deputy Chancellor could find no special circumstances to justify the grant of a faculty.

The petitioner wished to have the cremated remains of her father exhumed from the cemetery at Bedworth and have them reinterred with the remains of her mother, already interred in a cemetery in Nuneaton, where three adjoining plots had already been reserved for family interments. The Chancellor determined that this was an appropriate case to allow the removal of remains to a family grave, within  the guidelines laid down in Re Blagdon Cemetery [2002] Fam 299.

The Chancellor refused to grant a faculty for the exhumation of the cremated remains of the petitioner's son so that they might be placed in a niche or columbarium in the garden of the petitioner's home.

The petitioner applied for a faculty for the exhumation and reinterment of a body buried (due to an administrative error of the burial authority) in a grave reserved for a member of his family, as part of a block of graves reserved for the family. The Chancellor refused to grant a faculty on the grounds that (a) the desire of the petitioner's family to keep family burials in a rectangular block was just a 'personal preference', which was outweighed by the distress which would be caused to the family of the deceased and the Christian theology of the permanence of burial (the burial authority were willing to grant an exclusive right of burial for the petitioner's family in a plot adjacent to the 'block'); and (b) there had been a delay of one year between the burial in the wrong grave and the lodging of a petition.

The Petitioner sought a faculty to authorise the exhumation of the body of his father from the cemetery at Bloxwich, the interment having taken place in 1985. The Petitioner proposed that his father's remains should be reburied in a recently opened cemetery at Strawberry Lane, Cheslyn Hay, which had been laid out on land which the deceased had formerly farmed. After considering Re Blagdon Cemetery and other judgments, the Chancellor concluded that "the fact that a new cemetery or the like is created after the interment in circumstances where that new cemetery is thought to be a more fitting resting place for the remains in question than the place where they are interred will not, save in the most extreme of cases, be capable of being a special circumstance justifying exhumation."

The petitioner's father's body had been buried in a triple depth grave in 1976. In 1999 the cremated remains of the petitioner's grandfather had been buried in the same grave at a depth of two feet. The petitioner's mother died and before her death she had expressed a wish for a coffin burial in the same grave as her husband, but this could not be achieved without disturbing the cremated remains in the grave. The Chancellor granted a faculty to allow the cremated remains to be exhumed and reinterred at the head of the grave, in order to allow the burial of the petitioner's mother's body with that of her husband.

The Chancellor granted a faculty to allow the exhumation of the body of the petitioner's father, who died in 1992, in order that the body might be cremated and the ashes taken to Italy to be interred with the cremated remains of the petitioner's mother, who died in 2015, in a family grave in the village where the petitioners' parents had been brought up and were married.

The petitioners applied for a faculty to authorise the exhumation of their father's ashes and reinterment in the plot containing the ashes of their mother. The father had died in 2006. His ashes had been buried in the cemetery and a memorial placed over the plot. Space was left for the name of the mother on the memorial. When the mother died in 2017, it was discovered that the father's ashes had been buried only two feet deep, so it was not possible to inter a further casket of ashes in the same plot. The petitioners therefore had their mother's ashes buried at double depth in a nearby plot and applied for a faculty to move their father's ashes to the same plot. The Chancellor decided that this was a case where he could exercise his discretion in allowing exhumation and reinterment, on the basis that the burial authority had made a mistake by failing to make it clear that a further burial in the first plot would not be possible.