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England and Wales decisions
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The High Court dismissed a mother and aunt’s bid to control funeral arrangements, holding the deceased had wished to be cremated and that the children had priority.
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 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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The court has jurisdiction under section 116 Senior Courts Act 1981 to appoint an administrator ad litem for the limited purpose of representing the estate in proceedings where executors have not renounced but refuse to act, provided special circumstances exist and undertakings are obtained from the executors to be bound by the order. The administrator's appointment may be effective immediately, with formal grant to follow, and his powers and liabilities may be limited as the court directs. Pre-death legal costs are not to be paid from estate assets under this order, and any solicitor's lien…
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ACL Netherlands BV & Ors v Lynch & Anor [2025] EWHC 1171 (Ch) (14 May 2025)
The High Court appointed an administrator for Dr Lynch’s estate under section 116 and substituted him as defendant so the proceedings could continue after Lynch’s death.
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.
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
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.
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Special circumstances exist due to the high level of contention, lack of proportionality and objectivity by both brothers, and the need to protect the interests of all beneficiaries. It is necessary and expedient to pass over both Philip and Stephen King and appoint an independent professional administrator under section 116 Senior Courts Act 1981.
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