Judgment Search

Exhumations

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In 1999 the petitioner reserved a grave in the cemetery next to the grave of his late sister. He was given a deed recording the reservation. In 2016 he discovered that someone had been buried in the grave he had reserved. He complained to the burial authority, who said the register had been amended to record a different grave number. The Chancellor was satisfied that the petitioner had not agreed to a change of reserved grave. The petitioner, first directly and then through solicitors, failed to persuade the burial authority to arrange an exhumation and reinterment in another grave. He therefore applied for a faculty. Whilst accepting that there had been an administrative mistake by the burial authority, the Chancellor decided not to grant a faculty, because of "the possibility of real consequences" for the family of the person buried in the grave and the alternative possibilities for the petitioner to be buried in another nearby grave, or in the same grave as his sister, or "the prospect of exhuming [his sister's] remains so that they could be reburied in a plot with space to the side".

The petitioner wished to exhume his wife's remains from a grave (intended as a double grave for his wife and himself) in an area which was regularly waterlogged in winter, and to reinter the remains in another part of the same churchyard. The Chancellor decided that there were exceptional circumstances to justify the grant of a faculty for exhumation and reinterment.

The parish priest applied for a restoration order following the interment in the churchyard without permission of a portion of the cremated remains of the novelist Tom Sharpe, together with various other items. The Chancellor granted a restoration order.

The petitioners' daughter had died in 1980 and her ashes had been buried in the churchyard at Ham. The Petitioners had subsequently made their permanent home in Tasmania, but they had purchased the right to be buried in due time in a plot in Kingston General Cemetery. The petitioners wished, on the occasion of the first of them to die, to have their ashes interred in the reserved grave in the cemetery and to have their daughter's ashes exhumed from the churchyard and interred in the same grave. The Chancellor granted a faculty.

Faculty granted for exhumation of cremated remains interred by mistake in a grave already reserved by Faculty. Order for costs against the incumbent, whose error in interring the remains in a reserved grave had given rise to the proceedings.

The petitioner wished to exhume the cremated remains of her late father and reinter them elsewhere in the same churchyard in the grave of her mother, who died one year after her father. The Chancellor considered that there were special circumstances which allowed him to grant a faculty.

The petitioner had discovered that the memorial to her husband had not been laid directly over the casket containing his ashes, when she had previously been assured by a churchwarden this that was not the case. (She in fact had taken it upon herself without faculty to move the casket under the memorial.) The petitioner felt that she had been deliberately misled, and she wished to have her husband's ashes exhumed and reinterred in a local cemetery. This had given rise to a breakdown in relationships between the petitioner and the vicar and churchwardens. The petitioner claimed that every time she visited her husband's grave she felt anger and grievance towards the vicar and churchwardens. The Chancellor refused to grant a faculty for exhumation and reinterment: "The fact that the widow or widower of a person whose remains have been interred in a particular churchyard has strong feelings of anger and grievance towards the incumbent and churchwardens of the particular church cannot justify the exhumation of the remains in question."

Faculty granted for exhumation fromĀ  a husband's grave in England and reinterment in the grave of his wife in Australia. The judgment contains a discussion of the decisions in a number of "portable remains" and "family grave" cases.

The Petitioner wished to have her late husband's remains exhumed and reinterred in a churchyard nearer to where she now lived, her reason for the request being that she now found it difficult to visit her husband's grave. Applying the principles laid down by the Court of Arches in Re Blagdon Cemetery [2002] Fam 299, the Chancellor refused to grant a faculty.

An application was made for a faculty to exhume the cremated remains of James Thomas Padgett (interred in 1988) from the churchyard of St. Helen's Edlington, with a view to the remains being reinterred with the ashes of his wife, which were interreded in 2007 in Newport Cemetery, nearer to the home of the deceased's daughter, who also wished to have her ashes interred in due course in the same grave in the cemetery. The applicant stated that her osteo-arthritis now prevented her from travelling long distances. The Chancellor, applying the principles in Re Blagdon Cemetery [2002], did not find any special circumstances to justify him granting a faculty.