Adekemi Adewunmi Osawese Otitoju v Benedicta Ngozi Onwordi

Adekemi Adewunmi Osawese Otitoju v Benedicta Ngozi Onwordi

The will of 15 July 2023 is regular on its face, appears duly executed, and the presumption of validity applies. There is insufficient evidence to rebut this presumption or to show lack of capacity or knowledge and approval. No special circumstances exist to justify overriding the executors' entitlement under section 116. Therefore, the executors named in the will are entitled to possession of the body and to arrange the funeral.

Parties
Claimant in First Claim, Defendant in Second Claim: Adekemi Adewunmi Osawese Otitoju; Defendant in First Claim: Benedicta Ngozi Onwordi; Claimant in Second Claim: Adefunmilayo Adesanya
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Probate/funeral Arrangements / Interim Applications and Determination of Entitlement to Possession of Deceased's Body for Funeral Arrangements
Outcome
Order of Roth J set aside; declaration made that the 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, Right to Possession of Body, Section 116 Senior Courts Act 1981, Interim Injunctions
Probate Trusts and Estates Family Law Funeral Arrangements Validity of Wills Right to Possession of Body Section 116 Senior Courts Act 1981 Interim Injunctions

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Parties

Adekemi Adewunmi Osawese Otitoju

Claimant in First Claim, Defendant in Second Claim

Benedicta Ngozi Onwordi

Defendant in First Claim

Adefunmilayo Adesanya

Claimant in Second Claim

Procedural Posture

Civil Probate/funeral Arrangements / Interim Applications and Determination of Entitlement to Possession of Deceased's Body for 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 the presumption of validity applies. There is insufficient evidence to rebut this presumption or to show lack of capacity or knowledge and approval. No special circumstances exist to justify overriding the executors' entitlement under section 116. Therefore, the executors named in the will are entitled to possession of the body and to arrange the funeral.

Court Disposition

Order of Roth J set aside; declaration made that the 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 the executors named in the will of 15 July 2023 are entitled to possession of the body and to arrange the funeral.