Otitoju v Onwordi [2023] EWHC 2665 (Ch) (25 October 2023)

Otitoju v Onwordi [2023] EWHC 2665 (Ch) (25 October 2023)

The will of 15 July 2023 is regular on its face, appears duly executed, and there is insufficient evidence to rebut the presumption of validity or capacity. Therefore, for the purposes of funeral arrangements, the executors named in the will are entitled to possession of the body. No special circumstances justify overriding this position under section 116 of the Senior Courts Act 1981.

Citation
[2023] EWHC 2665 (Ch)
Parties
Claimant (first Claim) / Defendant (second Claim): Adekemi Adewunmi Osawese Otitoju; Defendant (first Claim): Benedicta Ngozi Onwordi; Claimant (second Claim): Adefunmilayo Adesanya
Jurisdiction
England and Wales
Judgment Date
25 October 2023
Procedural Posture
Linked Civil Claims (chancery Division) / Interim Applications Regarding Possession of Deceased's Body and Funeral Arrangements
Outcome
Order of Roth J set aside; declaration made that executors named in the will of 15 July 2023 are entitled to possession of the body and to arrange the funeral; Ms Otitoju is not so entitled.
Legal Topics
Funeral Arrangements, Validity of Wills, Grant of Administration, Section 116 Senior Courts Act 1981, Presumption of Validity of Wills
Probate Trusts and Estates Family Law Funeral Arrangements Validity of Wills Grant of Administration Section 116 Senior Courts Act 1981 Presumption of Validity of Wills

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Adekemi Adewunmi Osawese Otitoju

Claimant (first Claim) / Defendant (second Claim)

Benedicta Ngozi Onwordi

Defendant (first Claim)

Adefunmilayo Adesanya

Claimant (second Claim)

Procedural Posture

Linked Civil Claims (chancery Division) / Interim Applications Regarding Possession of Deceased's Body and Funeral Arrangements

Legal Issues

  1. 1 Who is entitled to possession of the deceased's body for funeral arrangements?
  2. 2 Is the will dated 15 July 2023 valid for the purposes of appointing executors?
  3. 3 Are there 'special circumstances' justifying the court's intervention under section 116 of the Senior Courts Act 1981?

Ratio Decidendi

The will of 15 July 2023 is regular on its face, appears duly executed, and there is insufficient evidence to rebut the presumption of validity or capacity. Therefore, for the purposes of funeral arrangements, the executors named in the will are entitled to possession of the body. No special circumstances justify overriding this position under section 116 of the Senior Courts Act 1981.

Court Disposition

Order of Roth J set aside; declaration made that executors named in the will of 15 July 2023 are entitled to possession of the body and to arrange the funeral; Ms Otitoju is not so entitled.

Orders

  • Order of 6 September 2023 set aside
  • Declaration that executors named in the will of 15 July 2023 are entitled to possession of the body and to arrange the funeral