Two sisters disagreed about how their father should be buried after his death. One sister wanted him cremated according to his will, the other wanted him buried in line with their Rastafarian beliefs. The judge decided there wasn't enough evidence to say the will was fake and therefore allowed the cremation to go ahead, prioritizing a quick and respectful burial.
Key Facts
- •Bernadette Atkinson applied for an injunction to prevent the cremation of her father, Egarton Garfield Atkinson.
- •Egarton Atkinson died in Jamaica and his body was repatriated to the UK.
- •Nikole Atkinson, another daughter and the sole executor under the will, arranged for cremation.
- •A will dated 7th June 2022 appointed Nikole as sole executor and expressed the deceased's wish for cremation.
- •Bernadette disputed the will's authenticity and claimed cremation was against the deceased's Rastafarian beliefs.
- •The Co-op, holding the body, was neutral in the dispute.
Legal Principles
There is no ownership of a body. The executor's responsibility is to determine disposal, considering the deceased's wishes.
Case law and common law
Section 116 of the Senior Courts Act 1981 allows the court to override an executor's decision in special circumstances.
Senior Courts Act 1981
Outcomes
The application for an injunction was dismissed, and the interim injunction discharged.
The court found insufficient evidence to suggest the will was not genuine or that special circumstances under s.116 of the Senior Courts Act 1981 existed to override the executor's decision. The will appeared valid, and the evidence regarding Rastafarian beliefs on cremation was inconclusive. The court prioritized prompt and respectful disposal of the body.