The cremated remains of the petitioner's nephew, Nicholas, had been interred in Kenilworth churchyard 37 years previously, shortly after his sudden death at the age of 20. The petitioner petitioned for the exhumation of those remains for their re-interment in a plot in Norfolk which already contained the cremated remains of Nicholas’ parents. Nicholas’ family were from Norfolk and returned to live their shortly after his death. The petitioner relied upon two grounds to justify the exhumation: first, that most of the family now lived in Norfolk and there was no continuing connection to Kenilworth; and second, that the exhumation would allow Nicholas’ remains to be placed in a family grave. In granting the faculty the chancellor noted the striking similarity between the facts of this case and Re Blagdon Cemetery [2002] Fam 299. He observed that the first ground alone would not have amounted to special circumstances sufficient to justify the exhumation, but that when it was combined with the second ground the faculty was warranted. [RA]
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