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18 June 2021 / Alistair Spencer
Issue: 7937 / Categories: Features , Wills & Probate
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Burial disputes: Dead & buried?

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Alistair Spencer outlines the law underpinning & resolving burial disputes
  • Ownership of a body.
  • Ownership of ashes.
  • Intervention of the court in burial disputes.
  • Location of the burial.

The changing nature of society has led to disputes regarding funerals and the burial/cremation of bodies becoming more prevalent. The increase in second and third families, more dispersed families and more complex family relationships are some of the factors behind what appears to be an increase in disputes regarding bodies.

The death of a family member can bring out hidden rivalries and differing views as to the deceased’s wishes on a number of areas including funeral and burial arrangements, particularly if the deceased did not clearly set out their intentions.

Ownership of a body

When it comes to burial disputes the question of ownership of the deceased’s body often arises.

It was established in the case of R v Sharpe (1857) 21 JP 86 that the ‘law recognises no property in a corpse’. This was later cited in

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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

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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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