England and Wales Case Law

Paul Anthony Read v Julie Karen Hoarean & Anor

The court found that both parents were equally entitled to administer the estate, but the father should be granted a limited Letters of Administration to arrange the funeral and disposal of ashes, as the evidence showed Theo’s strongest connections were with his paternal family and Dartmoor, and all family and friends supported scattering ashes there. There was no evidence Theo wished his ashes to be divided. The mother’s lack of contact for eight years and the weight of evidence from those closest to Theo justified the father’s proposal. The ashes should not be divided but scattered on Dartm…

Source excerpt

• Disposal of body
• Letters of administration
• Funeral arrangements
• Intestacy
• Section 116 senior courts act 1981
• Rule 22 non-contentious probate rules

Read case analysis

Read v Hoarean & Anor

Read v Hoarean & Anor [2024] EWHC 3274 (Ch) (03 December 2024)

The court decided a dispute between separated parents over their adult son's funeral arrangements, granting the father authority and directing the ashes be scattered on Dartmoor.

• Funeral arrangements
• Disposal of body
• Letters of administration
• Intestacy
• Parental rights
• Division of ashes

Read case analysis

Bernadette Lucretia Atkinson v Central England Co-Operative Ltd & Anor

There is no evidence before the court to raise suspicion as to the genuineness of the will or to establish special circumstances justifying intervention under s.116 Senior Courts Act 1981. The will appears regular and rational, expressly appoints Nikole as executor, and directs cremation. The application is dismissed and the interim injunction is discharged.

Source excerpt

• Disposal of body
• Executor powers
• Will validity
• Injunctions
• Special circumstances under s.116 senior courts act 1981

Read case analysis

Lambo v Kelly-Lambo

Lambo v Kelly-Lambo [2018] EWHC 2960 (Ch) (25 September 2018)

The High Court ordered that the deceased’s body be repatriated to Nigeria for burial, finding this matched his expressed wishes and the family’s wishes.

• Intestacy
• Disposal of body
• Inherent jurisdiction
• Section 116 senior courts act 1981
• Funeral arrangements
• Probate

Read case analysis

Lambo v Kelly-Lambo

The High Court decided a dispute over the disposal of Mr Olawola Lambo’s body, granting a limited administration order and directing burial in Nigeria after a UK commemorative service.

• Disposal of body
• Letters of administration
• Spousal status
• Intestate succession
• Disposal-of-body
• Probate

Read case analysis

Hartshorne v Gardner

Hartshorne v Gardner [2008] EWHC B3 (Ch) (14 March 2008)

A High Court judge resolved a dispute between divorced parents over their deceased son’s body, ordering release to the father for burial in Kington.

• Funeral arrangements
• Intestacy
• Disposal of body
• Inherent jurisdiction
• Funeral-arrangements
• Disposal-of-body

Read case analysis