A mother petitioned for the exhumation of the cremated remains of her son, who had been killed in action in Afghanistan, for re-interment in unconsecrated ground. She relied on the fact that she had not been told that the churchyard in which he was buried had been closed such that she could not be buried with him, nor had she been told that she could not erect a memorial stone in addition to an army plaque. The mother further alleged that the burial had been improper, as the remains had been moved shortly after the initial burial and re-interred nearby within the churchyard. Other family and friends of the deceased, including his executor, objected to the petition. The chancellor held that even if, despite conflicting evidence, the burial had been unlawful there had been an actual burial such that no exhumation could take place without a faculty, which required a consideration of the case on its merits. He observed that it was the duty of the executor to arrange for burial of the remains and as such his views were to be given particular, though not exclusive, consideration by the court. The chancellor referred to the general presumption against exhumation, observed that no exceptional circumstances existed and dismissed the petition. [RA]
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