BURIAL LAW

administrative issues surrounding death: lack of coordination in government, certification / post mortem issues, simplification of exhumation licenses - 2015, 175, 227
bodies and ashes, human rights and religious views with regard to treatment of; religious beliefs overidden for autopsies - 2014, 173, 145
body parts, disposal and storage of: statutory guidance & Cremation Regulations - 2014, 173, 145
burial vault under chapel, whether title lost due to adverse possession; ruled that still belonged to title holder (case) - 2019, 183, 236
coroner's policy violates rights; cannot exclude religious reasons (Jewish / Muslim) for expedition of decisions (case) - 2018, 180, 131
cremation: religious sensitivities regarding - 2014, 173, 145
cremation and treatment of ashes in Church of England and RC church: recent history and changes in canon law - 2014, 173, 145
cremation process development & its legislation, the preferences & involvement of religious groups; problems with treatment of residues - 2014, 173, 145
Cremation Regulations: Statutory controls & Codes of Practice - 2014, 173, 145
Cremation Regulations don't apply to a fetus up to 24 weeks - 2014, 173, 145
custody and possession of body or ashes after death or disinterment: legal principles - 2014, 173, 145
edging of father's grave (for religious reasons), council justified in forbidding Muslim to do this as policy was consulted on, mounding was allowed and safety was considered (case) - 2019, 182, 93
exhumation for reburial: grave owner refusal upheld against wishes of nearest relative; leave to seek judicial review granted (case) - 2022, 189, 201
exhumation of an alleged sexual abuser buried due to mix up in a family grave was an exceptional circumstance therefore allowed (case) - 2019, 182, 99
exhumation of cremated remains due to a churchyard regulation dispute not allowed, Christian burial permanent, dead have no rights (case) - 2011, 167, 118
exhumation of priest and reburial, Order's application upheld, relative's not, as family life cannot subsist after death (case) - 2012, 168, 139
exhumation of stillborn's remains, mother requests removal from partner's plot as he was not the father; permanence of Christian burial upheld (case) - 2019, 182, 97
exhumation / re-interment not allowed if burial was expected to be permanent(even if grave turns out already allocated to others)(case) - 2017, 178, 146
gravestone in churchyard, petitioner's wish to add 'beloved' to father's inscription rejected as had been convicted of his murder (case) - 2019, 182, 96
headstone belongs to individual who commissioned & paid for it and then the heir-at-law of person commemorated (case) - 2021, 186, 82
irish inscription shouldn't be used on Church of England headstone without translation (case) - 2020, 185, 203; judgment thrown out on appeal as directly discriminatory on grounds of race - 2021, 186, 80
Jewish wife refused permission to exhume husband's body to rebury in Israel; matter not amenable to Judicial Review (case) - 2017, 178, 144
law on 'custody & possession' of a body used to indicate cremation or incineration; debate on property in ashes & who can determine disposal - 2014, 173, 145
local authority offer to informally 'slide' body into new burial plot is against Ecclesiastical law and also criminal if remains 'removed' (case) - 2017, 178, 146
no property in a body: issues addressed in Anatomy Act, Human Tissue Act, Human Fertilisation & Embryology Act - 2014, 173, 145
non-English inscriptions on headstones, general guidance for Diocese of Leeds (case) - 2021, 186, 84
parochial fees (C. of E.) for funerals; differences for Church in Wales - 2015, 175, 227
petition to Consistory court to exhume skull as possibly Shakespeare's; no evidence for this so refused (case) - 2016, 176, 100
racist inscription on headstone; removal should be least invasive option & archives should be made and retained (case) - 2021, 186, 82
recent burial issues discussed: fees, lack of space & reuse of plots, lack of sufficient support for funeral costs - 2015, 175, 227
Statutory controls of cremation: advantage for infection control, certification due to fears can't exhume, disposal & storage of body parts - 2014, 173, 145
terminally ill 14 year old wanting cryonic preservation after death; child can't make a will but court can stop father's veto by appointing mother as sole estate administrator (case) - 2017, 178, 147
(case) - 2017, 178, 146
The Churches' Funerals Group: membership, history, work and current issues - 2015, 175, 227
Vietnamese religious tradition to exhume remains after ten years and re-bury is allowed by Church despite principle of burial permanence (case) - 2016, 176, 99
Austria
post mortem objections: Muslim parents refuse autopsy on body but removal of organs carried out; fair balance not struck, religious burial affected, Articles 8 & 9 violated (ECHR) - 2021, 187, 184
Scotland
cremation ashes of babies and non viable fetuses, report & recommendations on handling - 2014, 173, 145
differences between Scotland and England / Wales regarding death certification e.g. no coroners, different forms; problems with cross-border transfer of bodies - 2015, 175, 227
law on disinterment of coffins; general protection until disintegration complete (case) - 2019, 183, 229
remains from cremation (cremains), disinterment needs court application to determine necessity - permission granted (case) - 2019, 183, 229
Scotland's wide ranging review of burial law - 2015, 175, 227
Turkey
children's burial: authorities confiscating bodies (to prevent violent disorder) violated Article 8 (ECHR) - 2018, 181, 235
Wales
Church in Wales disestablished for ecclesiastical law but not common law; leaving obligations for marriages & burials with no capacity to amend - 2015, 174, 96

Published by:

The Edmund Plowden Trust