Article summary

Private Client analysis: Chief Master Shuman was required to decide what order should be made in a dispute about burial arrangements where the deceased had died intestate. The deceased’s eldest daughter and the deceased’s surviving long-term partner disagreed about where the deceased should be buried, respectively favouring France and England. The court held that a limited grant should be made to the deceased’s partner with a view to the burial taking place in England, after taking into account circumstances including the wishes of the deceased and his family and friends and the place with which the deceased had the closest connection. A point also arose about the giving of oral evidence from abroad via video link and it was held that permission was required from the competent authority in France in accordance with the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters. Written by Jonathan Edwards, barrister at Radcliffe Chambers. Sign in or take a trial to read the full analysis.