Williams v Williams

JurisdictionEngland & Wales
Year1881
Date1881
CourtChancery Division
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29 cases
  • Burrows v HM Coroner for Preston
    • United Kingdom
    • Queen's Bench Division
    • 15 May 2008
    ...interest in a deceased person's body. That can be traced back as far as Blackstone's Commentaries and was stated very emphatically in Williams v Williams (1882) LR 20 ChD 659. In Smith v Tamworth City Council [1997] NSWSC 197 Young J, after a thorough review of the Commonwealth decisions an......
  • Takamore v Clarke COA CA
    • New Zealand
    • Court of Appeal
    • 23 November 2011
    ...in a will) as to the disposal of the body are regarded as merely declaratory. They are not legally binding and cannot be enforced. Williams v Williams, followed in Murdoch v Rhind, 189 is cited in support of the proposition that there is no property in a dead body and that accordingly, buri......
  • Takamore v Clarke SC
    • New Zealand
    • Supreme Court
    • 18 December 2012
    ...refusal to give up the body of a prisoner for burial until debts incurred by the deceased had been paid. 71 The influential case of Williams v Williams (which itself drew on the gaoler cases) concerned the liability of an estate to pay for the exhumation and cremation abroad of the deceased......
  • Gloucestershire County Council v Re K
    • United Kingdom
    • Family Division
    • 24 March 2017
    ...at common law to arrange for its proper disposal. This duty falls primarily upon the personal representatives of the deceased (see Williams v Williams (1881) 20 ChD 659; Rees v Hughes [1946] KB 517). An executor appointed by will is entitled to obtain possession of the body for that purpose......
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7 books & journal articles
  • Burial Disputes
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Probate Disputes - 2nd edition Contents
    • 29 August 2022
    ...law and a person has no property in his/her body after death (see R v Sharpe (1857) 21 JP 86, and confirmed in Williams v Williams (1882) 20 Ch D 659 and Dobson and Another v North Tyneside Health Authority and Another [1996] EWCA Civ 1301). There is a duty at common law, however, to arrang......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Probate Disputes - 2nd edition Contents
    • 29 August 2022
    ...and Another v Moree [2017] UKPC 44, [2018] 3 LRC 250, 20 ITELR 658, [2017] All ER (D) 148 (Dec), PC (Bahamas) 170 Williams v Williams (1882) 20 Ch D 659, 46 JP 726, 51 LJ Ch 385, ChD 134 Williams v Williams [2003] EWHC 742 (Ch), [2003] WTLR 1371, [2003] All ER (D) 403 (Feb), ChD 82 Williams......
  • The concept of sepulchral rights in Canada and the U.S. in the age of genomics: hints from Iceland.
    • United States
    • Rutgers Computer & Technology Law Journal Vol. 31 No. 2, January 2005
    • 22 December 2005
    ...v. Harris Estate [1992] O.J. No. 1271 (O.C.G.D.); [1993] Saleh v. Reichert, O.J. No. 1394 (O.C.G.D.). (258.) See Williams v. Williams 20 Ch. D. 659, 663-64 (259.) See R. v. Kelly, 3 All E.R. 741,749-50 (C.A. 1988). (260.) See Ngaire Naffine, 'But a Lump of Earth'?: The Legal Status of the C......
  • Funeral and Other Requests
    • United Kingdom
    • Wildy Simmonds & Hill Wills A Practical Guide - 2nd Edition Contents
    • 30 August 2019
    ...although they are important (see para 20.1.2). There is no proprietary interest in a dead body (see Williams v Williams (1881–82) LR 20 Ch D 659 and R v Sharpe (1857) 26 LJMC 47). However, various people have rights and duties in relation to it. 20.1.1 Who has rights and duties in relation ......
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