Brother, sister squabble over father’s body

September 17, 2019

The court was called upon to settle a dispute between a brother and his sister over the right to bury their deceased father. A stand-off, which threatened to divide the St Catherine family, began just over a week ago after the daughter went to collect the burial order for her late dad, only to find that her brother, who she referred to as "an alleged family member", had already done so.

The siblings had different funeral plans. The sister, decided that she would not turn over the body to her brother and so she took the matter to court.

"We had to file a mandatory injunction to compel the respondent in the matter to release the burial order for his father. It is a dispute between the brother, and the sister as to who to properly conduct the funeral service and everything relating to the burial of the father," attorney Steven Jackson said.

With the burial set for September 14 by both parties, it was a hectic process, according to Jackson.

The lawyer, who is member of the law firm Samuda & Jackson, along with Chad Lawrence, said it was a difficult time for the family members involved, particularly his client.

THE VERDICT

"It was stressful for her. After the case there was a whole heap a bawling at court. The court ruled in favour of us ... . If the court had not decided on Friday, it would mean that one would hold on to the burial order and one hold on to the body, and the persons who flew in from US, England and all over the world would have lost their plane ticket money because they would not know when this funeral would keep. So it is very good that we got the order in time, which was Friday evening, and the funeral was kept (on Saturday)," he said.

Although the brother lost the case, he went ahead with his plans and held a service for his father, even without having the deceased body.

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