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Dead bodies and exhumations are the focus of Chris Belcher’s attention in his Halloween-themed blog

23 October 2012

With Halloween just around the corner, I hope readers will excuse my focus on some recent cases surrounding funerals and dead bodies.

This particularly ghoulish subject has even made it into the national press, with the Telegraph reporting earlier this month on a case heard in the Consistory Court (a rare occurrence in itself I should think).

Questions over the disposal of a body and the law of exhumation have also been debated in the High Court and Court of Appeal in recent months.

Legal maxims

My own experience of such cases is limited. However, I do recall two maxims of law which are well settled: first, that there is no property in a body; and, second, that it is an executor’s duty to bury the deceased’s body.

The law which states that an ex...

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