- Application to appoint an administrator of deceased instead of person entitled (Ganoun v Joshi)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- The ‘decency’ of the burial
- The deceased’s true identity
- Appointing an administrator
- Case details
Private Client analysis: This case concerned the conflicting wishes of the deceased’s relations regarding arrangements for his burial. By the time of the substantive hearing, his widow had already caused him to be buried, but not in the name he had been given at birth. The court decided that there were no special circumstances rendering it necessary or expedient to appoint his mother as administrator instead of his widow. The court refused to make a declaration as to the decency of his burial, but acceded to a request that it declare his original name and date of birth. The judgment contains a discussion of the jurisdiction to make declarations and observations on the interpretation of section 116 of the Senior Courts Act 1981 (SCA 1981). Written by John Bryant, barrister at 1 Chancery Lane.
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