Ecclesiastical Law Association

Ecclesiastical Law Association

Re Kenilworth Cemetery [2017] ECC Cov 3

The petitioner's father had died in 2005 and his cremated remains had been interred in the cemetery. His widow, during her lifetime, had expressed a wish to have her cremated remains buried in a more accessible part of the cemetery and for her husband's cremated remains to be exhumed and reinterred in the same grave as her own remains. The widow died in 2017. The petitioner applied for a faculty for exhumation and reinterment of her father's ashes, even though it would be possible to inter the ashes of her mother in the plot where her father's ashes were interred. The Chancellor determined that there were no special circumstances, within the guidelines set out in Re Blagdon Cemetery [2002] Fam. 299, to justify granting a faculty for exhumation.

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