The cremated remains of the petitioners' father had been interred in 2012 in a family grave already containing the remains of six other family members. He had died at the relatively early age of 60. His wife, who had been his main carer, died unexpectedly in 2015 but there was no space in that grave for her remains, despite a long-standing understanding that their remains would be interred together. The petitioners sought a faculty for the exhumation of their father's remains from the family grave for their re-interment in a nearby plot together with the remains of their mother. It was intended that the petitioners' remains would join them in the fullness of time. The chancellor considered the decision in Re St Mark, Fairfield [2013] PTSR 953, in which it had been decided that the exhumation and re-interment in a grave containing more than one existing family member was capable of constituting an exceptional reason outweighing the presumption of permanence of burial, subject to the strength of the reasons for any delay in seeking exhumation. The chancellor held that, in the circumstances of this case, an exceptional reason had been made out and a faculty was therefore granted. [RA]
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