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Ecclesiastical Case Reports
Re Lambeth Cemetery, Re Streatham Park Cemetery
(Southwark Consistory Court: George Ch, October 2002)
Exhumation–cremated remains–exceptional circumstances
The chancellor granted a faculty for the exhumation of the cremated remains of S for reburial in Ireland where the deceased’s family had moved and where the deceased’s widow intended that she would ultimately be buried. The chancellor applied the principles laid down by the Court of Arches in Re Blagdon Cemetery [2002] Fam 299, 6 Ecc LJ 420. The chancellor found that at the time of the burial the family had made it clear to cemetery staff that they intended S’s ashes to be buried temporarily pending removal to Ireland. They were not made aware of the legal consequences of burial in consecrated ground. He found that these were exceptional circumstances and so unusual as to minimise the likelihood of precedent being created.
[WA]
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