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England and Wales decisions
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High Court decision on the disposal of Michael Godwin’s body. The court ordered burial in England, not cremation or burial in France, and appointed the Claimant as administrator limited to burial arrangements.
Godwin v Godwin [2026] EWHC 923 (Ch) (22 April 2026)
The High Court decided the disposal of Michael Godwin’s body, appointing the Claimant as administrator limited to that purpose and ordering burial in England with a Church of England funeral.
The appeal was dismissed because the Chief Master correctly applied the law and facts, balancing the interests of the deceased, family, and public, and made provision for the appellant to participate in the funeral and memorial. No error of law or principle was found, and there was no real prospect of success on Article 8 ECHR or factual grounds. Medical evidence did not justify adjournment, and fresh evidence did not meet Ladd v Marshall criteria.
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Hoarean v Read [2026] EWHC 763 (Ch) (23 March 2026)
The High Court dismissed a mother’s appeal over her son’s funeral and ashes, refused fresh evidence, and declined an adjournment based on medical evidence.
The court, exercising its inherent jurisdiction, found no conclusive evidence of the deceased's wishes and determined that cremation and scattering of ashes in England best reflected the preponderance of family views, the deceased's closest connection, and practical considerations.
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AB v CD [2025] EWHC 3186 (Fam) (07 October 2025)
The High Court granted a mother’s application to arrange her adult son’s funeral, finding his wishes and closest connections were with Leeds rather than Lincoln.
Patel v Patel [2025] EWHC 620 (Ch) (14 March 2025)
The High Court ordered both sides’ costs in a funeral-dispute claim to come out of the estate on the indemnity basis and refused permission to appeal.
The High Court ordered both parties’ costs to be paid from the estate on the indemnity basis and refused the defendant permission to appeal.
The applicant, AB, is appointed administrator with exclusive responsibility for M's funeral arrangements, as evidence shows M's closest connections and likely wishes were with Leeds and his mother, not Lincoln and his father.
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Patel v Patel [2025] EWHC 560 (Ch) (12 March 2025)
In a funeral dispute between co-executors, the High Court ordered cremation and scattering of the deceased’s ashes in England according to Hindu rites.
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