Parents cannot reserve grave space next to 24-year-old son in Bolney churchyard, court rules
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The judgement was made in the Consistory Court of the Diocese of Chichester after father James Hyatt submitted a petition dated March 11, 2022.
Alfie Hyatt, of A.Hyatt Contractors, died on November 17, 2021, according to the Health and Safety executive.
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Hide AdJames sought to reserve a double-depth grave space for himself and his wife Lorraine in the churchyard of St Mary Magdalene.
But their request was refused by Mark Hill QC, Chancellor of the Diocese of Chichester, who said there are only 18 spaces left.
The judge said: “As there are approximately three burials per year, the churchyard will be full in a little over six years.”
He said the parish had revised its churchyard policy in January and said the parochial church council would no longer consider requests to reserve grave spaces.
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Hide AdThe PCC said all remaining spaces should be used when required by relatives of eligible deceased people.
Mark Hill QC said: “Were Mr Hyatt or his wife to die, their links to the parish are sufficiently well-established that a future parish priest, in the exercise of his or her discretion, would permit their burial in the churchyard.”
But he added: “There is no right to the reservation of a grave space, even when an individual has a right of burial.
“It is a matter for the Court to decide whether or not to grant a faculty.”
Mark Hill QC said he considered the case with care.
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Hide AdHe said: “I have enormous sympathy for Mr and Mrs Hyatt for the tragic loss of their son.”
He added that if either parent died before all 18 spaces were used then that person could be laid to rest in the same burial ground as Alfie and a double-depth grave could be dug for the survivor when they died too.
But he said the court could not show preference to Mr and Mrs Hyatt.
“Fairness dictates that those with a legal right to burial be buried in the order in which they die,” he said.
“This is not an appropriate case for the reservation of a grave space, and accordingly the petition must be dismissed.”