Resolving disputes about burial arrangements for children (ND v LD)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Private Client analysis: ND v LD was a dispute between parents about the burial arrangements for their child, where the child had been murdered by the mother’s new partner and the mother was convicted at trial for causing or allowing the child’s death. The court reviewed the legal framework, considering its potential powers under section 116 of the Senior Courts Act 1981 (SCA 1981), the Non-Contentious Probate Rules 1987 (NCPR 1987), and the High Court’s inherent jurisdiction. Orders in favour of the father were made pursuant to SCA 1981, s 116, granting him sole letters of administration in relation to the disposal of the child’s body and the associated funeral arrangements. Written by Dr Rob George, barrister at Harcourt Chambers and associate professor of Family Law at University College London.