The petitioner was the eldest son of the deceased couple. His father had died suddenly and unexpectedly in March 2011 of an aneurysm. The father had not left a will but had verbally expressed a wish to his son to be cremated. He was cremated and his remains were buried in April 2011. The petitioner's mother had expressed a regret that her husband's unexpectedly early death had robbed her of the opportunity to discuss the matter and persuade him to agree to a joint burial. The mother, who had stated in her will that she wanted to be buried, died and was buried in 2018. The petitioner, supported by the family, wanted to be able to exhume the father's ashes so as to bury them with the mother. At the time of the interment of the father's ashes, the retired priest who had taken the funeral and the funeral director had both said that there would be no difficulty exhuming the father's ashes so that they could, in due course, be buried with his wife. The parish priest himself had not been kept apprised of the funeral or interment. The chancellor found, without apportioning blame, that the family had been misled about the possibility of exhuming the father's ashes for re-interment. Citing Re Blagdon Cemetery [2002] Fam 299, he held that the very particular circumstances of the case were exceptional and that for pastoral reasons a faculty should issue, enabling both parents to be interred in the same plot. [Catherine Shelley]
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