The executor/administrator of a deceased person is responsible for their funeral arrangements, instructing a funeral home and arranging the funeral, often with the input of the family. Funerals can be a sensitive issue for the family of a deceased person, as they will often want to ensure it meets the deceased’s wishes and is a worthy send-off, as well as offering the family closure.
Due to the sensitivity, disputes amongst the family will often arise, as covered in our previous blog, but what happens if the executor is simply refusing or delaying matters?
Case background
This was the case in Oldham Metropolitan Borough Council and another v Makin and others. This case was brought by the Claimant on concerns that the Defendant, as executor to the deceased as appointed Solicitor, had failed to make arrangements for the disposal of the deceased. By way of Defence, the Defendant pleaded such delay was justifiable due to the public interest in the case and the need for some privacy in the arrangements. This case was unique in having a public interest, which arose due to the deceased being infamously known for the Moors Murders.
As a result of the Defendant’s delay, the Court was invited to make one of the below orders:
- To appoint the Claimant as administrators to the deceased’s estate solely for arranging disposal of the deceased’s body in accordance with section 116 of the Senior Courts Act 1981;
- To provide directions as to the disposal of the deceased’s remains; or
- To make a declaration that Sefton Local Authority is obliged and entitled to cause the deceased body to be buried or cremated in accordance of section 46(1) of the Public Health (Control of Disease) Act 1984.
Throughout the case, the Defendant provided an explanation for the delay caused, which, given the circumstances, was not entirely unreasonable. The alleged proposed plans for the arrangements also became an issue of contention, as there had been some public disgust at the deceased’s believed wishes. The wishes were considered by the Court on the basis any directions they made would have to be carefully balanced between the deceased’s wishes and public interest.
The Courts decision
On consideration the Court had no doubt in concluding this case was one of the special circumstances triggering the allowance of section 116 of the Senior Courts Act 1981. On hearing the Defendant, the Court felt it was necessary for the expedient disposal of the deceased and that another be appointed as administrator solely for the purpose of disposal. The Court went further to determine that they are able to provide directions as to the deceased’s disposal, and felt this was necessary in this instance due to the public interest. The Court went on to list how the newly appointed administrator would deal with the disposal of the deceased’s body and ensured these directions would not cause public offence.
This case demonstrates that in exceptional circumstances the Court can appoint another to deal with the disposal of a deceased’s body in place of an executor. This is only when there are special circumstances and it is necessary for expedient disposal. Equally as important, the Court confirmed that it is within their powers to provide directions as to a deceased’s funeral arrangements, again in exceptional circumstances.
How can we help?
Stuart Parris is an Associate in our expert Dispute Resolution team.
If you require any advice concerning the subjects discussed in this article, please do not hesitate to contact Stuart or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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