Court decides on funeral arrangements for the late Bhikhubhai Rambhai Patel

High Court resolves family dispute over funeral arrangements for late Bhikhubhai Rambhai Patel

The High Court, presided over by HHJ Paul Matthews, delivered a judgment on 12 March 2025, resolving a family dispute concerning the funeral arrangements for the late Bhikhubhai Rambhai Patel, who passed away on 30 December 2024. The case, [2025] EWHC 560 (Ch), was brought before the court as a Part 8 claim by Anilkumar Patel, the deceased's son, against his sister, Jayaben Patel, who were both appointed as executors of their father's will.

The deceased, a devout Hindu who had lived in the United Kingdom for approximately 70 years, did not leave explicit instructions regarding his funeral arrangements in his will dated 22 December 1993. This omission led to a disagreement between his children, Anilkumar and Jayaben, over whether their father should be cremated in England or buried in India, in accordance with Hindu funeral rites.

Background and legal context

The deceased, Bhikhubhai Rambhai Patel, was a widower whose wife, Parvatiben, had predeceased him in February 2024. The couple had lived in the UK for several decades, and their children were born and raised there. Despite his long residence in the UK, the deceased maintained strong ties to his native India and was a devout Hindu. The claimant, Anilkumar Patel, argued that his father had expressed a wish to be cremated in England, similar to his mother's funeral. In contrast, the defendant, Jayaben Patel, contended that their father wanted to be buried in India.

Legal proceedings and evidence

The case was expedited due to the urgency of arranging the funeral. The hearing took place on 11 March 2025, with both Anilkumar and Jayaben providing oral evidence. The court also considered witness statements from family members and a letter from a company director in India willing to arrange the repatriation of the body for burial.

HHJ Paul Matthews found that both siblings were truthful in their testimonies but had different perspectives. The claimant, residing in Canada, believed his father's wishes aligned with those of his late mother, who was cremated in England. The defendant, who had been her father's primary carer, argued for burial in India, based on conversations she had with the deceased.

Legal principles and court's jurisdiction

The court examined relevant legal precedents, including Buchanan v Milton [1999] 2 FLR 844 and Anstey v Mundle [2016] EWHC 1073 (Ch), which address the rights and duties of personal representatives in arranging a deceased's funeral. The court also considered the inherent jurisdiction to direct the disposal of a deceased's body, as explored in Oldham Metropolitan Borough Council v Makin [2018] Ch 543.

Determining the deceased's wishes

In the absence of a clear written directive in the deceased's will, the court had to evaluate the evidence provided by both parties regarding the deceased's wishes. The claimant and several family members supported cremation in England, while the defendant, based on her conversations with the deceased, advocated for burial in India. The court found no conclusive evidence of the deceased's wishes and determined that the preponderance of family views supported cremation in England.

Consideration of special circumstances

The court considered whether the inability of the executors to agree on the funeral arrangements constituted 'special circumstances' under section 116 of the Senior Courts Act 1981, which allows the court to appoint an administrator other than those entitled by probate rules. The court found that the disagreement between the siblings justified a limited intervention to appoint a person to make the necessary decisions regarding the funeral.

Conclusion

HHJ Paul Matthews concluded that the deceased's body should be released to the claimant for cremation in England, with the ashes to be scattered according to Hindu rites. The court also directed that both executors be jointly responsible for arranging the funeral, with liberty to apply in case of disagreement over the specific arrangements.

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