Williams v Williams
There is no property in a dead body, so a testator cannot dispose of his body by will, and the executors are entitled to possession of it for the purpose of burial.
Facts
Henry Crookenden directed in a codicil to his will that his body should be given to his friend, Miss Williams, who was to have it cremated, at a time when cremation was not established in England. His executors buried him instead. Miss Williams, with the help of others, obtained permission to remove the body from the grave on a false pretext, and had it taken to Italy and cremated. She then sued the executors for the expenses she had incurred.
Legal principle
Kay J held that the claim failed. He said that there can be no property in a dead body, so a person cannot dispose of his body by will, and the directions in the codicil were not legally binding on the executors. The executors had the right to possession of the body and the duty to dispose of it, and Miss Williams had no right to recover the expenses of carrying out the testator's wishes, which she had done without the executors' authority. The principle that the personal representatives have the right to decide on the disposal of the body is still applied in disputes about funerals.
Related cases on intestacy, personal representatives and administration of estates
- Re Benjamin [1902] 1 Ch 723
- Re Diplock [1948] Ch 465
- Hartshorne v Gardner [2008] EWHC B3 (Ch)
- Ministry of Health v Simpson [1951] AC 251
- Official Solicitor v Yemoh [2010] EWHC 3727 (Ch)
- R (Ghai) v Newcastle City Council [2010] EWCA Civ 59
- Strong v Bird (1874) LR 18 Eq 315
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