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Exhumations

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The petitioners wished to exhume the cremated remains of their father and reinter them in a nearby cemetery. Their father had died in 1977, since when the church, church, church hall and vicarage had been demolished and the cremated remains had been moved to a new Garden of Rest, which the petitioners had been unhappy with, in view of the difficult conditions that visitors had to contend with there. The Chancellor was satisfied that there were exceptional circumstances in justifying the grant of a faculty, as an exception to the normal rule that burial should be permanent: "... the fact that the deceased's ashes were moved at the time of the demolition of the church and the associated work in relation to the Garden of Rest, whereby it can be said that his "final resting place" then lost a degree of permanence, which only the grant of this faculty can restore."

Faculty granted for exhumation and reinterment in family grave in another churchyard.

The petitioner wished to have her late husband's cremated remains exhumed and reinterred in Scotland, on a property that the deceased had acquired in 1962. Four relatives and a friend of the deceased objected. They contended that the petitioner did not like them putting floral tributes and cards on the grave and had been observed removing flowers and cards, and that the petitioner's motive for moving the remains to Scotland was to put them where the objectors would find it difficult to put tributes on the deceased's grave. The Chancellor refused to grant a faculty for exhumation and reinterment and urged restraint on both sides, advising the objectors not to put cards on the grave and expressing the hope that the petitioner would not to remove flowers placed by the objectors.

The Chancellor granted a faculty to permit the opening of a grave and the opening of a casket, in order to permit the petitioners' mother's wedding ring to be placed with the ashes of the petitioners' parents, which had been interred six weeks previously.

The cremated remains of a member of the family concerned in this matter had recently been interred in her parents' grave. The interment had been arranged by certain members of the family, who did not discuss the location of the interment with other members of the family, who, as it turned out, objected to the last deceased being interred in her parents' grave, and they applied for a faculty for exhumation. The Chancellor ruled that the interment should not have taken place in the parents' grave without the agreement of all of the next of kin, and accordingly granted a faculty for exhumation and reinterment elsewhere.

Faculty for exhumation granted, due to exceptional circumstances (following guidance in Re Blagdon), namely, medical reasons.

Faculty granted for the exhumation of cremated remains and their reinterment in a family grave in the nearby cemetery, even though the remains had not been interred in a casket, but poured into a hole in the ground.

In the severe winter of 1980/81, the petitioner's father died. The churchyard being deep in snow, the parish priest recommended cremation followed by interment of the ashes in a sheltered spot by the church. The petitioner's mother died in June 2018, aged 102, and in accordance with her wishes her body had been buried in the churchyard. The petitioner now wished to have her father's ashes exhumed and interred in her mother's grave. The Chancellor decided that the circumstance in which the petitioner's father's remains had been interred, combined with her mother's expressed hope that her husband’s remains could in due course be moved so that she and he could be in the same plot, amounted to exceptional circumstances allowing him to grant a faculty for exhumation.

The Petitioner wished to have the cremated remains of her parents-in-law exhumed from the churchyard of the now redundant church at Brownsover and reinterred in the churchyard where her late husband's remains were interred. The Chancellor refused to grant a faculty, as he could find no exceptional reason to justify him in doing so. In particular, he said that the fact that the churchyard at Brownsover was currently largely overgrown, was not a sufficient reason to justify the grant of a faculty.

The petitioner's mother had died in 1991 and the family had had no choice but to follow the then policy of the PCC to have cremated remains interred close together in a double row with memorial tablets touching adjacent ones. Some years later the PCC changed its policy in an area where cremation plots were wider and interments were marked by upright stones. The petitioner's father did not like the area where his wife had been interred as the area looked paved, which he thought unseemly. He had arranged before he died in 2017 for his own remains to be interred in the new area. The petitioner wished to have his mother's cremated remains moved to his father's grave. The Chancellor decided that the combination of three circumstances - the family's unhappiness about the interment in 1991, the change in policy of the PCC, and the creation of a family grave by placing the wife's remains with those of her husband - justified him in granting a faculty.