Hoarean v Read [2026] EWHC 763 (Ch)
Background
The parties separated in 2015 and, after the divorce, their teenage son (Theadore Read) was living with his father with contact with his mother. The arrangement broke down and, since 2016, the mother (i.e. Julie Hoarean) and the son had had no contact. Theadore (at the age of 18) died on 31 August 2024 without a will by committing suicide. The dispute arose as to who should arrange his funeral and what should happen to his ashes. The father (i.e. Paul Read) wanted to scatter them in the Dartmoor National Park, but the mother wanted them to be divided so that she could inter her half in her family’s grave. The father made a claim against the mother.
On 3 December 2024, after the final hearing, the court granted letters of administration to the father limited to the making of the funeral arrangements and disposal of the ashes in accordance with the schedule to the order, which provided that:-
- The father would make all of the necessary funeral arrangements for the cremation of Theadore, which would take place at the Henley Road Cemetery;
- Upon cremation, Theadore’s ashes would be given to the father to dispose of by scattering in the Dartmoor National Park;
- The father would use his best efforts to notify in good time the mother and other family members who wished to attend the cremation and scattering of the ashes;
- The mother should be given an opportunity to spend time with Theadore’s body in advance of the time of the cremation and the mother was permitted to have a memorial service in advance of the cremation; and
- The father would arrange via Reading Borough Council cemetery office for a plaque to honour the life of Theadore to be placed at Henley Road Cemetery for such period as he considered fit.
The mother appealed against the above decision.
Decision
The appellate court refused to give permission to the mother’s appeal and found that:-
- There was no explanation why the fresh evidence could not have been obtained for trial;
- There is no real prospect of success because the court’s judgment in 2024 did not infringe the mother’s right to family life under Article 8 of the European Convention on Human Rights – she had the opportunity to spend time with Theadore’s body in advance of the cremation, to have a memorial service in advance of the cremation, to be able to attend the cremation and scattering of the ashes and to have a plaque to honour the life of Theadore so she could go and pay her respects; and
- There were no errors of principle and no errors of law and the appellate court would not interfere with the findings of fact unless the decision made by the trial judge was one which no reasonable judge could have made.
How can we help
Ronny Tang is an Associate in our expert Dispute Resolution team, specialising in defamation claims, contentious probate and inheritance claims, Trusts of Land and Appointment of Trustees Act 1996 claims, Equality Act 2010 claims and Protection From Harassment 1997 claims.
If you need any advice concerning a dispute over child’s ashes or a similar subject, please do not hesitate to contact Ronny or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
Contact usIf this article relates to a specific case/cases, please note that the facts of this case/cases are correct at the time of writing.