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United Kingdom
section 116burial and exhumation
Ganoun v. Joshi
[2020] EWHC 2743 (Ch)
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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