In estate litigation, parties commonly dispute the division and distribution of a deceased person’s property. Often, there is a simple financial solution to the matter based on the value of the property in dispute. However, unfortunately, parties occasionally engage in a dispute over a deceased person’s remains, which cannot be resolved so easily. This was an aspect of the recent case of Renwick Estate and Miller v Stanberry[1].

The focus of this case was a dispute over whether the Respondent was holding a number of bank accounts, which she had held jointly with the Deceased, in a resulting trust for the benefit of the Estate. How to deal with the Deceased’s ashes, which had been in the Respondent’s possession since the Deceased’s passing in September 2018, was also a matter in dispute.

The parties had asked the Court to “play Solomon” with respect to the dispute over the ashes[2]. However, the Court noted its reluctance to do so, emphasising that the ashes were not merely some property to divide. The Court noted the need for the parties to put aside their differences and deal with the ashes in accordance with the Deceased’s testamentary wishes. The Court ultimately gave the parties a 90-day window to come to an agreement or return to court for further direction.

Emotions often run high in estate disputes and the Court acknowledged that the remains of a deceased person can serve as a “proxy for longstanding resentment”. The Court will nonetheless differ to the parties to come to an agreement over the remains before intervening.

[1] 2023 ONSC 5970 (CanLII)

[2] Ibid para 45