Re JS (Disposal of Body) [2016] EWHC 2859 (Fam)

Wills & Trusts Law Reports | March 2017 #167

JS, a 14-year-old, terminally ill girl wanted to pursue cryonic preservation: the speculative and controversial scientific theory of freezing a dead body in the hope that resuscitation and a cure may be possible in the distant future. JS’s parents disagreed about what should happen.

JS’s parents were divorced. For most of JS’s life she had lived with her mother (M) and had no face-to-face contact with her father (F), who was also suffering from cancer, since 2008. M and F had a very bad relationship. M supported JS’s wishes.

At the start of proceedin...

Estate Administration: Put to rest?

Martin Beard and Zoe Fleetwood discuss the issues that can arise on disposal of a body and cryo-preservation ‘In Re JS the judge made clear it was not the role of the court to give directions for the disposal of the body, but rather to resolve disagreement about who might make the arrangements.’ Many will …
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Anstey v Mundle & anr [2016] EWHC 1073 (Ch)

Wills & Trusts Law Reports | July/August 2016 #161

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...

Ibuna & anr v Arroyo & anr [2012] EWHC 428 (Ch)

Wills & Trusts Law Reports | June 2012 #120

Congressman A was resident in both California and the Philippines. He was domiciled in the Philippines. He died while receiving treatment in the UK. There was a dispute between A’s estranged second wife (Mrs A) and his life partner (Ms I) as to who should take possession of A’s body and make arrangements for burial in the Philippines. Ms I initiated proceedings in England; Mrs A began proceedings in the Philippines. Mrs A intended (as was her right as a wife under Filipino law) to dispose of the body and have a wake at her home (from which A had, prior to his death, been excl...