A High Court judge has intervened to resolve a distressing five-month dispute over the funeral arrangements for a 95-year-old man, whose body has been lying partially embalmed in a mortuary since his death last November. The case, which pitted two sons against each other, centered on whether their father should be cremated or buried, with one son favoring cremation and the other insisting on burial in France according to the deceased's earlier wishes.
The Prolonged Mortuary Stay
The body of Michael Godwin, a former lift engineer from Surbiton in south London, has remained in an undertaker's mortuary for almost five months. This prolonged stay occurred because his sons, William and Jason Godwin, could not agree on how to proceed with the funeral. Michael Godwin died in a Leeds hospital in November 2025 after returning to the UK for a holiday the previous August.
Conflicting Wishes and Legal Battle
At a hearing in Leeds earlier this month, William Godwin asked the High Court to grant him lawful authority to arrange his father's cremation, arguing that Jason had no right to interfere. However, Judge Jonathan Klein ruled on Wednesday that Michael Godwin must be buried in England as part of a Church of England funeral. The judge emphasized that Michael, a lifelong member of the Church of England, had consistently expressed a wish to be buried, and repatriating his body to France could cause significant delays.
Judge Klein noted in his ruling that Michael Godwin was born in Surbiton in 1929 and had an impressive career in lift engineering. He had lived in the south of France for over 30 years and, in a homemade will written in 2003, expressed a desire to be buried in a cemetery in Hargeville, near Paris, the hometown of his then-partner.
Decomposition Concerns and Family Dispute
The judge highlighted the distressing state of the body, stating that due to the five-month delay, it "will have decomposed" and "may be in a state of putrefaction." Jason Godwin wanted to honor his father's wish for burial in Hargeville, while William preferred cremation, citing the family's lack of connection to the French cemetery.
In ordering an English burial, Judge Klein pointed out that none of the Godwin family had any connection to Hargeville, making it unlikely that anyone would visit the grave. He also remarked that a funeral in France would lose meaning if none of the mourners could speak French. As part of the ruling, William must extend an invitation to his brother Jason to attend the funeral.
This case underscores the emotional and legal complexities that can arise when family members disagree over funeral arrangements, leading to prolonged delays and additional distress. The judge's decision aims to provide closure while considering practical and familial factors.
