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14 May 2021 / Mark Pawlowski
Issue: 7932 / Categories: Features , Property , Wills & Probate
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Ashes to ashes, dust to dust: property rights in body parts

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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

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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