Entitlement to possession of a corpse

It is well known that in English law ‘there can be no property in the dead body of a human being’, as stated by Kay J in Williams v Williams. For that reason, a provision in the deceased’s Will that the body be given by the executors of the Will to another person was of no effect. In general, the same principle applies also to parts of bodies as stated in R v Kelly, although the same case recognised the existence of exceptions.

This statement of principle that there can be no property in a corpse is generally accurate. Instead of rights analogous to proprietary rights to chattels, the