Ecclesiastical Law Association

Ecclesiastical Law Association

Judgments: Exhumations

Display:
Sort By:

The petitioner's mother's ashes had been interred in the South London Cemetery in 1993. The intention of the family at that time had been that the interment would be temporary, until the petitioner's father died, when the remains of both parents would be buried together. They had not been informed that the interment had been into consecrated ground, and that a faculty would be needed to authorise the removal of the petitioner's mother's remains at a later date. Before he died, the petitioner's father expressed a wish to be buried, rather than cremated. The petitioner wished to have her mother's ashes exhumed and interred with her father's body in Epsom Cemetery. The Chancellor decided that a mistake had been made and that he should authorise the exhumation and reinterment as requested. He did not insist that the ashes should be reinterred in consecrated ground.

Faculty refused for exhumation of a husband's remains interred in one cemetery in Manchester in 1993, in order that they might be reinterred in the same grave as his wife's remains, which were interred in another cemetery in Manchester in 2011. The Chancellor concluded that insufficient special reasons had been shown to justify the grant of a faculty.

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 re-inter 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 re-interment.

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.

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.

Faculty granted for exhumation of cremated remains, in order to allow for remains of husband and wife, whose remains were buried separately in same churchyard, to be together in one grave.

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 from 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.