Two applications had been made concerning the funeral arrangements of the deceased. In the first application, the claimant (one of the deceased’s children who had the support of her siblings and her mother) applied for an order that she be entitled to possession of the deceased’s body and to make arrangements for its disposal, and for a limited grant of letters of administration (on the basis that the deceased died intestate) under the Senior Courts Act 1981 and an interim injunction restraining the defendant (the deceased’s former partner) from taking possession of the deceased...
The deceased died intestate in England at the age of 45. The defendant was his partner who was pregnant with his third child. The claimant was one of his children from a previous relationship. Both wished to dispose of his body. The claimant wished to bury the body in France (where two of the deceased’s six children, his two sisters, his mother, and other family members lived). The defendant wished to bury the body in England (his home for the last 13 years of his life, and where she and most of his children lived). A joint expert report indicated that a journal entry stating that the de...
Continue reading "Probate: Laid to rest?"
This was a claim brought by Valerie Anstey, one of the three daughters of the late George Carty. Valerie contended that Mr Carty should be buried in England. Her half sister, Sonia Mundle and her cousin, Cynthia Allison argued that he should be buried in Jamaica. Valerie was supported by another half sister, Stephanie Watson.
Owing to the defendants’ failure to undertake not to repatriate the body pending resolution of the dispute, Valerie sought and was granted an urgent interim injunction forbidding the removal of the body from the jurisdiction. Owing to the urgency of th...
Continue reading "Probate: Body matters"