Judgment Search

Exhumations

Display:

The petitioner wished to have the remains of her late father-in-law temporarily exhumed for DNA analysis. She claimed that in 2018 her husband had been wrongly convicted of two rapes in 1983 and 1988. The petitioner's sister-in-law did not believe that her brother had committed the offences of which he had been convicted, but that her father might well have been the perpetrator. The Chancellor considered that the petitioner had made out a case for the temporary disinterment of the remains and sampling of bone fragments for DNA analysis, to establish whether there was a possibility of a miscarriage of justice. He accordingly granted a faculty.

The petitioners wished to have their father's ashes (interred in 2004) exhumed and reinterred in the grave of their mother, whose body was buried in 2015. Considering the guidelines in Re Blagdon Cemetery [2002], the Chancellor determined to grant a faculty on the basis that (a) the reinterment would be into a family grave and would free up a cremation plot

The Chancellor refused to grant a faculty to authorise the temporary removal from the vault beneath the Sheldon Chapel of a skull, possibly that of William Shakespeare, to enable the carrying out of a detailed archaeological investigation to include laser scanning, radio carbon dating, and an anthropological assessment. The Chancellor found no scholarly or other evidence to support the story that the skull was that of William Shakespeare.

The petitioner wished to exhume the cremated remains of her father and reinter them in the grave of her mother in the same churchyard. The Chancellor decided that neither a desire to have both parents' remains together, nor the state of the location where the father's remains were interred, were enough to amount to special circumstances to justify the grant of a faculty for exhumation. Nor was there any element of mistake as to the places of interment. He therefore refused to grant a faculty.

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.