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United Kingdom section 116burial and exhumation

Ganoun v. Joshi

[2020] EWHC 2743 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court (Chancery Division)
Year2020
StatusPersuasive authority

Key Principle

Under section 116 of the Senior Courts Act 1981 the court will only pass over the person otherwise entitled to a grant of administration (here the surviving spouse) in favour of another applicant where 'special circumstances' make it necessary or expedient to do so; and the court's inherent jurisdiction over the administration of estates does not generally extend to ordering exhumation, the proper avenue being a licence application.

Area of Law

General

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