Jurisdiction(s):
United Kingdom

ND v LD: appointing administrators under SCA 1981 s 116 to resolve funeral and burial disputes on intestacy (England and Wales)

Published on: 05 March 2020

Published by a LexisNexis Private Client expert

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Article summary

ND v LD [2019] EWHC 3639 (Fam) What are the practical implications of this case?

It is apparent that the court may adjudicate disputes over funeral and burial arrangements, although such matters are infrequent in practice. For deceased adults, the issue typically emerges only on intestacy, as provisions are ordinarily included in a Will to settle any disagreement and to guide arrangements. Children, however, always die intestate because only adults can make a valid Will, so the limited authorities on this topic have mainly concerned deceased children. There is, nevertheless, conflicting High Court authority on the legal route by which these disputes should be determined. In Re JS (Disposal of Body) [2016] EWHC 2859 (Fam), Peter Jackson J decided that either SCA 1981, s 116 or the High Court’s inherent jurisdiction could generally be deployed, though that case was fact-specific because orders had to be made ahead of the child’s imminent death from terminal illness. ND v LD is a more ‘typical’ contest, arising after an unforeseen death. HHJ Gareth Jones, sitting as a Deputy High Court Judge, also examined the possibility that the Non-Contentious Probate Rules 1987 might operate as a mechanism for resolving such...

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