Judge made ruling on parents’ battle over scattering ashes of son

A devastating legal row over a father’s wish for scattering his son’s ashes on Dartmoor has highlighted how disagreements among family members over funeral arrangements can exacerbate grief following the death of a loved one – and illustrates the challenge for courts having to sensitively rule in such cases.

The case of Read v Hoarean & Anor [2024] EWCH 3274 (Ch) has highlighted that the law governing the disposition of the remains of a loved one is unfit for modern needs. As an aside, the Law Commission is currently reviewing this area of the law with the intention of publishing a draft Bill in 2026/2027.

Hayley Gaffney from Coodes’ Inheritance and Trust Disputes team explores this emotional case.

The case

The case centred around Theadore William Read, Theo, who tragically took his own life at 18 on 31 August 2024.  Having passed away intestate (without a will), responsibility for his estate fell to his parents under Rule 22 of the  Non-Contentious Probate Rules 1987 as he had no spouse or children. Under the intestacy rules, both parents were equally entitled to apply for Letters of Administration and deal with his funeral arrangements, disposition of his remains and administration of his estate.

However, his parents, who had an acrimonious split many years previously, were at loggerheads about funeral arrangements. Unable to agree upon how their son’s remains should be dealt with, this led to a legal dispute. Ultimately, it resulted in the judge having to rule on how matters should be resolved.

Theo had largely grown up with his father, Paul Anthony Read. After the parents’ relationship broke down; he had no contact with his mother, Julie Karen Hoarean, from age 10, having been removed from her care when he was eight years old. Theo’s mother maintained that the lack of contact was not her choice.

The family disagreement over scattering ashes

Following Theo’s tragic death his father pressed ahead with making arrangements for a cremation in their home town of Caversham. It was him who brought the claim. He had the intention of scattering Theo’s ashes on Dartmoor, which he believed held special significance for his son.

Mr Read said one of Theo’s happiest places was Hound Tor in Dartmoor. He had spent significant time here with his father, sister and grandfather. It was a place where Mr Read described his son as ‘truly at peace’.

Ms Hoarean challenged this, requesting that the ashes should be divided equally. Half could be given to her so that she could inter these in her family’s grave.

Unable to reach an agreement, and with Ms Hoarean withholding consent for the release of Theo’s body, it became the responsibility of the court to determine who should control the funeral arrangements and decide Theo’s final resting place

Witness evidence was heard from Theo’s parents, close family and friends to what they believed would have been his wishes.

The court’s ruling

Under Rule 22 of the Non-Contentious Probate Rules, the Court has inherent jurisdiction to determine arrangements for disposition of remains.

In this case, the Judge, Chief Master Shuman, described Theo’s death and the dispute as a devastating time for his family and friends.

She said the overarching principle was for a decent and respectful disposal of the body without undue delay. In addition, the court should consider the deceased’s wishes, insofar as these could be discerned, the wishes of the deceased’s family and friends and the location with which the deceased was mostly connected.

The Judge considered that relevant factors included parent-child relationships and the most appropriate person to oversee the funeral arrangements. The court noted the prolonged absence of contact between Theo and his mother. Additionally, they took into account the practicality and emotional significance of each parent’s proposed plans for Theo’s ashes.

Ultimately, the court ruled that ashes should not be divided. Chief Master Shuman granted Mr Read the authority to proceed with the funeral arrangements. He directed that the scattering of Theo’s ashes should be on Dartmoor, aligning with the father’s requests and the understanding of Theo’s wishes and connection to the area. In doing so she also encouraged the parents to attempt to cooperate on the remaining details of the funeral.

Ms Hoarean sought permission to appeal but this was denied.

The importance of leaving a will

Sad as this case was, disputes between parents and relatives following the death of a loved one are not uncommon. Often they lead to legal advice being sought and in some cases for the courts to become the ultimate arbiter.

While it highlights the importance of leaving a will and open discussion around funeral arrangements in advance with families and friends, it is not unusual for there to be uncertainty arounds the wishes of a loved one and particularly in the case of someone dying so young.

So unfortunately, we are likely to continue to see cases like this arise where the court assumes the challenging role of balancing the demands of the law in the context of complex family relationships and the difficult task of determining as best it can what the wishes may have been of the person who has passed away.

There may be hope of reform, however. The Law Commission has stated that “the legislation governing more traditional methods of disposal is outdated, piecemeal and complex“. As such, the Law Commission will seek to publish a draft Bill in this area of the law in 2026/2027. There is hope, therefore, that during 2025 they will review the law governing types of burials and cremations and, on completion of that review, consider a new regulatory framework for dealing with these types of situations including whether a person’s expressed wishes about their remains or disposition wishes could become legally binding. Until that reform takes place, sadly, these disputes continue to be inevitable.

Personal disputes

We understand that personal disputes can be challenging, taking up resources and emotional energy, and potentially souring important relationships. Our Inheritance and Trust Disputes Team know that effective dispute resolution requires sensitivity, experience and first-class legal expertise. For guidance on disputes regarding funeral arrangements, the scattering of ashes or general disputes, Coodes can help. Get in touch with our Inheritance and Trust Disputes Team by calling 0800 328 3282 or emailing info@coodes.co.uk.