48Application to coroner for release of body

48 Application to coroner for release of body

(1) A person (the applicant) may apply to a coroner for a body to be released to the applicant.

(2) If 2 or more applicants apply for release of the body, the coroner must determine the person to whom the body is to be released on the basis of who has the better claim.

(3) In determining who has the better claim, the coroner must have regard to the following principles—

(a) if the person named in the will as an executor is an applicant, the body of the deceased should be released to the executor;

(b) if a person specified under paragraph (a) is not an applicant, the body should be released to the senior next of kin;

(c) if there appear to be 2 or more applicants who are the senior next of kin of the deceased, the coroner should determine to whom the body is to be released having regard to any principles of common law relating to the release and disposal of a body of a deceased person;

(d) if no person referred to in paragraph (a) or (b) is an applicant, the coroner should determine to whom the body is to be released having regard to the principles of common law relating to the release and disposal of a body of a deceased person.