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Re Worby, deceased

Bradford Consistory Court: Walford Ch, January 2010 Exhumation – special circumstances

Published online by Cambridge University Press:  20 August 2010

Ruth Arlow
Affiliation:
Barrister, Deputy Chancellor of the Dioceses of Chichester and Norwich
Will Adam
Affiliation:
Rector of Girton, Ely Diocesan Ecumenical Officer
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2010

The chancellor granted a faculty for the exhumation of the cremated remains of the deceased for the purposes of their reinterment with the cremated remains of his two sons. The sons had been tragically killed, at the respective ages of 25 and 21, six years after the death of the deceased. The chancellor found that there were special circumstances which warranted an exhumation in this case, namely the premature death of the two brothers in such tragic and unexpected circumstances and the fact that a restriction on the number of cremated remains in plots in the cemetery in which the deceased was buried had prevented the family members being buried together, which could not reasonably have been foreseen at the time of the interment of the deceased's remains. [RA]