Body - Toronto Estate Law Blog

Famous People That Cannot R.I.P.

Hull and Hull LLP — Fri, 11 Feb 2011 05:00:00 -0500

Everyone likes gossip. For those who place themselves in the public spotlight their privacy is constantly invaded, even after death. In an article entitled, “Dead People Science Won’t Let R.I.P.”, Joseph Calamia looks at famous people whose buried bodies have been exhumed.

Bodies are exhumed for numerous reasons such as to determine the cause of death, to answer historical questions, or identify the deceased, if he or she was either not identified or misidentified at the time of burial.

I found Mr. Calamia’s article to be a little creepy, but nonetheless interesting. For instance, archaeologists discovered Tutankhamen's tomb in 1922 and subsequently learned that the 19-year-old pharaoh “wasn't exactly the model of health.” Egyptian researchers learned from genetic testing “that inbreeding and disease may have left King Tut so crippled that he could barely walk.”

In an article entitled, “Michael Jackson’s Body Might Be Exhumed”, it has been suggested that Dr. Conrad Murray’s legal team may be considering exhuming Michael’s body to suggest that an overdosing of propofol was the least of Michael’s health concerns.

It appears that even after death, there is no expectation of privacy for some. After numerous attempts were made to snatch the body of former U.S. President, Abraham Lincoln, it was decided that Lincoln’s coffin would rest in steel and concrete. Whatever happened to rest in peace?

Have a good weekend,

Rick Bickhram - Click here for more information on Rick Bickhram.

Death is only the Beginning...

Hull and Hull LLP — Fri, 14 Aug 2009 05:00:00 -0500

An article from mental_floss magazine has showcased ten things a body can do after death. My particular favourites are:

Get Married! In China, ghost marriages —the practice of setting up deceased relatives with suitable spouses, dead or alive— is on the rise. The marriages serve a religious function by making the deceased happier in the afterlife.
Go Green! Cremation uses up a lot of energy and nonrenewable resources. In Europe, some crematoriums have ‘gone green’. These crematoriums have found a way to replace conventional boilers by harnessing the heat produced in their fires. Beginning in 1997, the Swedish city of Helsingborg has used local crematoriums to supply 10 percent of the heat for its homes.
Stand Trial! In 897 CE, Pope Stephen VI accused former Pope Formosus (who had died nine months earlier!) of perjury and violation of church canon. Pope Stephen VI proceeded to exhume the dead pope’s body, and put the corpse on trial and subject it to a full cross-examination - the so-called "Cadaver Synod". The following year, Formosus’ conviction was overturned and his body was reburied with full honours.

For the complete list, check out the article at http://www.mentalfloss.com/blogs/archives/24833.

Have a great weekend!
Bianca La Neve

Bianca La Neve - Click here for more information on Bianca La Neve.

The Duty to Dispose of the Body

Hull and Hull LLP — Wed, 22 Oct 2008 05:00:00 -0500

Upon the death of a person, a duty arises to bury or otherwise dispose of the remains in a decent and dignified fashion. But who does this duty fall upon?

It is well established in the jurisprudence for Ontario that plans for the service and burial arrangements are the responsibility of the estate trustee. This responsibility can conflict with the wishes and expectations of the deceased and family members, particularly in a religious context.

In Saleh v. Reichert, the deceased was of the Muslim faith. Her husband had converted to the Muslim faith for the purpose of there marriage. There was evidence indicating that the deceased expressed her wish to be cremated upon her death. The deceased's husband was appointed as the estate trustee without a will and intended to honour the deceased's wishes. The deceased's father objected to the cremation on religious grounds.

The court affirmed the fundamental duty of an estate trustee is to ensure that the remains of a body be disposed of in a decent and dignified fashion. The court held that religious law has no bearing on the case. In Ontario, burial and cremation are both means that would meet the requirement for disposal in a decent and dignified fashion. The deceased's father's action was dismissed.

It is important to note that it was acknowledged that there is no property in a body. Therefore, any instructions left by the deceased, whether in a Will or otherwise are only precatory and are not binding on the estate trustee.

Rick Bickhram