header-logo header-logo

Ashes to ashes, dust to dust: property rights in body parts

14 May 2021 / Mark Pawlowski
Issue: 7932 / Categories: Features , Property , Wills & Probate
printer mail-detail
48976
Mark Pawlowski considers whether English law recognises property rights in a dead body or bodily parts
  • English and Commonwealth caselaw on the recognition of dead bodies, body parts and bodily products as ‘property’.

The general rule is that when a human being dies, property in their body does not vest in anyone, although certain persons have duties, and thus rights, with respect to it. In Williams v Williams (1882) 20 Ch D 659, at p664, Kay J stated: ‘The law of this country recognises no property in a corpse’. It is for this reason that testamentary directions with regard to the disposal of one’s corpse (‘I wish to be cremated and my ashes scattered . . .’) are, at best, precatory.

In Dobson v North Tyneside Health Authority [1996] 4 All ER 474, the Court of Appeal confirmed the orthodox view that, subject to certain limited exceptions, there is no property in a dead body under English law. The case concerned a claim

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll