The tragic case of Read v Hoarean & Anor [2024] EWCH 3274 (Ch) has highlighted that the law governing the disposition of loved ones remains is inconclusive and unfit for modern needs. The Law Commission is currently reviewing this area of the law, with the intention of publishing a draft Bill in 2026/2027.
The Case
Theadore William Read, known as Theo, sadly passed away on 31 August 2024 at the age of 18. Theo died unmarried and without children. He also did not leave a Will. Accordingly, his mother and father were equally entitled to apply for Letters of Administration to manage his estate and his funeral arrangements.
Theo’s parents had been separated for many years at the time of his passing. There had been acrimonious proceedings in the past relating to their separation and Theo’s care. In particular, these proceedings led to Theo’s removal from his mother’s case when he was eight years old. Theo’s contact with his mother ceased altogether when he was ten, something which his mother held was not by her choice. The majority of Theo’s life from this point onwards was spent living with his father, with whom he shared a positive relationship.
The claim was brought by Theo’s father, who wished for Theo’s ashes to be scatted in Dartmoor, somewhere that Theo had visited many times and was said to feel at peace. The defendant, Theo’s mother, wanted Theo’s ashes to be divided equally between her and Theo’s father so that part of Theo could be interred in her family’s grave.
Witness evidence was given by Theo’s parents as well as his close family and friends about what they believed would have been his wishes.
The Law
Rule 22 of the Non-Contentious Probate Rules gives an order for priority as to who may apply for a grant of Letters of Administration and the Court has inherent jurisdiction to determine arrangements for disposal of a body. There is no general right in someone’s body, but there is a duty at common law to arrange for the proper disposal of the body. Where the deceased has left a Will, their Executors will take on this responsibility. In the absence of a Will (i.e., where the deceased died intestate) it is the duty of the Administrators. In this case, Theo’s parents were both equally entitled to take on the role of Administrator; as they could not agree on the disposition of Theo’s remains, the Court had to intervene.
In addition to the Court’s jurisdiction to determine appropriate arrangements for disposal of remains, the Court also has the power to determine that someone can be passed over as Administrator of an estate if special circumstances exist.
Judgment
Chief Master Shuman emphasised that each case concerning the disposal of remains and funeral arrangements will be highly fact-sensitive. However, she also made clear that the Court should consider the overarching principle, which is that there should be a decent and respectful disposal of the body without undue delay. In addition, the Court should consider, where possible, i) the deceased’s wishes, ii) the wishes of the deceased’s family and friends, and iii) the location with which the deceased was mostly connected.
It was held that as Theo spent much of his life living in Caversham, that is where his funeral should take place. This was also the view of Theo’s family and friends. However, again taking into account the evidence before the Court, it was held that Theo’s ashes should be scattered at Dartmoor.
Chief Master Shuman therefore directed that Theo’s mother be passed over for the purposes of obtaining the Letters of Administration and these be granted solely to Theo’s father. It was also held that Theo’s mother should be kept informed of all funeral arrangements, be allowed to spend some time with Theo’s body prior to the cremation and be given some of Theo’s personal effects.
Theo’s mother requested permission to appeal, which was denied by Chief Master Shuman on the basis that there is no real prospect of success. Accordingly, Theo’s mother was informed that she will need to seek permission from a High Court judge should she wish to pursue such an appeal.
Reform
It is clear that the current law on funeral arrangements/the disposition of remains is not suitable to address the complex family structures often seen in the modern world. This can lead to distressing circumstances when family members cannot reach an agreement. The Law Commission has also stated that “the legislation governing more traditional methods of disposal is outdated, piecemeal and complex“.
The Law Commission’s project regarding this area of the law is now underway. During 2025, they will review the law governing different types of burial grounds and crematoria. Once this has been completed, they will consider a new regulatory framework for methods of dealing with a body after death. Lastly, the Law Commission will review the rights and obligations related to funerary methods, including whether a person’s wishes about their body after death should be legally binding, who should have the right to make decisions about bodies, and public health funerals.
The Law Commission will seek to publish a draft Bill in this area of the law in 2026/2027.
This article is for general information only and does not seek to give legal advice or to be an exhaustive statement of the law. Specific advice should always be sought for individual cases.