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30: Re Smith v Young, does that point 15 take precedence over the recently promulgated Part Four of the Act?

In Smith v Tamworth City Council & Ors, point 15 of Justice Young states

"After the death of the executor or the administrator, the right to control the grave passes to the legal personal representative of the original deceased, not the legal personal representative of the holder of the Right of Burial.”

Does that statement take precedence over the recently promulgated Part Four of the Act?

 



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