Re Boston Cemetery

The petitioner sought a faculty for the exhumation of the cremated remains of his wife, who had been interred in a family grave containing the remains of her parents. At the time of the burial he had intended that his remains would be interred in the same grave in the fullness of time. In the two years following the burial of the deceased, the cremated remains of two further family members were interred in the grave. The petitioner became concerned that there would not be space in the grave for his remains to be buried with his wife. His wife was one of seven siblings and if they and their spouses all sought to be buried in the family grave there would need to be ten further interments in the grave. The petitioner wished for his wife's remains to be exhumed now for burial elsewhere in order that he could be sure of his remains being buried with her when the time came. All contactable family members consented to the proposal. The chancellor considered the decision of the Court of Arches in Re Blagdon Cemetery [2002] Fam 299 and held that the present case did not amount to exceptional circumstances such as to allow for a departure from the norm of permanence. Although there had been no delay in this case, it could not be said that there had been a relevant mistake. Further, the application sought to remove remains from a family grave, which demonstrated the very opposite of family unity. The application was refused. [RA]