What is required to exhume someone who has no known living descendants and has been dead for over 100 years?

Question

This individual died and is buried in Ontario. The reason for having them exhumed is to obtain a DNA sample and compare it with descendants of an undocumented second family.

Answer 1

Well I don't know that there would be a compelling interest in the eyes of the court but you would need a court order. I suspect they would be unlikely to do something like that to simple satisfy curiosity. Additionally depending on how the remains were prepared and conditions in the grave like type of coffin or vault I doubt a good DNA sample would be obtained.

At any rate it will be expensive for the court and the actual disinterment of the remains.

Answer 2

Unless this is a VERY important test to carry out, it won't happen. Courts do not disturb graves without an overwhelmingly good reason. A judge would have to sign an order to exhume the body. The fact that he has no known descendents increases the likelihood that the court won't allow it.

I've done research for the Ontario Court of Justice over the years. Their basis for determining estate matters and exhumations is that there is an important matter which remains unsettled and which keeps a legitimate heir from justice. If you contact a barrister in your local area, you can find out if there's any kind of legal basis for your test. But I would be surprised if anyone took your case.

Answer 3

Wow what an amazing question. I don't have an answer to your question, but my great uncles body was exhumed in 1941, due to a mix up over bodies. He had been buried in a family plot at a cemetery 6 miles away from his actual burial plot with his parents. They had the body of another child interred with them. lt took nine months for the mistake to come to light.

Answer 4

Generally it requires a court order and is done to aid a criminal investigation, but if there is nobody to object, you may be able to do this through some kind of research permit, but I seriously doubt it.