Acting for a minor client to obtain the right for her to organise her mother’s funeral

We acted on behalf of the 3-year-old child (‘A’) of Cher Maximen, who was tragically stabbed at the Notting Hill Carnival in August 2024. The family approached Taylor Rose following the traumatic event because an estranged family member (‘the Defendant’) had contacted the Coroner and was claiming they were entitled to organise Cher’s funeral. We provided advice and legal support to A’s legal guardian (‘B’), who was her great grandmother, to resolve the dispute so that she could organise Cher’s funeral in accordance with her wishes.

Challenges

The challenges to be addressed included:

1. Overcoming the Coroner’s initial decision to release Cher’s body to the Defendant;

2. Acting promptly to intervene and to secure Cher’s release to a funeral home of B’s choice in Bristol in accordance with her wishes;

3. Ensuring that our client was able to decide where Cher was buried and what funeral arrangements were to be made in the best interests of A and B.

Solutions

1. Providing the legal basis for our client’s position - we swiftly provided the Coroner with the legal basis as to why our client should have been granted the right to organise Cher’s burial and asked for our client’s position to be considered before any further action was taken. As Cher passed away intestate (without a will), the person legally entitled to benefit from her estate was A, who was being cared for by B by virtue of a child arrangement order. B provided a stable, loving home for both Cher and A, creating a strong and close bond between them. We outlined the legal basis of A’s position as Cher’s personal representative under the Non-Contentious Probate Rules 1987.

2. Gathering evidence to overturn the Coroner’s decision - we collaborated with B and A’s godmother (‘C’) to obtain statements from family members, witnesses, social workers and friends to support our case that the Defendant was not the correct person to have been granted the right to organise the funeral. The Defendant had a history of severe abuse towards Cher during her childhood and their relationship remained volatile throughout her life. Cher had put several safeguards in place to protect herself from the Defendant. She had also made it clear to friends and family that she did not want the Defendant involved in her life, making it entirely inconsistent with her wishes for them to be in charge of her funeral arrangements.

3. Communication with the Coroner - we had to establish contact early on as we needed to act swiftly since time was of the essence. It was vital to promptly present our case to the Coroner before Cher’s body was released to the Defendant. We emphasised that B was legally entitled to organise Cher’s funeral on behalf of A in a way that would honour her wishes with the respect and dignity she deserved. Taylor Rose highlighted the significance of the chosen location of Bristol for the funeral, which Cher had clearly expressed during her lifetime, and the troubling history of the Defendant’s relationship with Cher. There was great uncertainty as to whether the Defendant would act in accordance with Cher’s wishes and in particular, whether she would arrange her burial in London or Bristol, which was of crucial importance to our client.

4. Managing the emotional sensitivity of the case - we offered empathetic guidance throughout the process as it was a very sensitive time. We sought to maintain open communication with the family to ensure their wishes were respected while pursuing justice on their behalf.

Impact

After carefully reviewing the evidence, the Coroner agreed with Taylor Rose’s argument and ruled in our client’s favour.

Our work has had a massive impact on our client’s life, as she regularly attends her mother’s place of burial which helps to provide a connection to her and the family during this difficult time. Our work not only delivered justice for the family but also reinforced Taylor Rose’s reputation for handling complex, sensitive cases with professionalism and care.

Sharon Macaulay, Partner and Joint Head of the Contested Probate Department was committed to provide legal assistance for A and B to ensure the correct legal position was restored and for Cher’s wishes to be fulfilled. She offered to help on a pro bono basis and was also supported by her team members, Wendy Rixon and Ravandeep Khela, along with barrister Oliver Wooding of St John’s Chambers in Bristol.