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If an interment right is purchased by an executor, out of the proceeds of an estate, to enable interment to occur, in whose name should the right be issued in?
By default, does this automatically extend the term to 99 years?
Who can authorise the transfer of cremated remains from their existing position (e.g. in a columbarium niche) to another location within the cemetery?
At the October 2016 CCA Kingscliff Conference, Christine Smyth, Partner, Manager Inheritance Law Division, Robbins Watson Solicitors, presented a paper on the recent developments in funeral disputes that may affect NSW practitioners.
Christine has followed up with a "Q&A" on interment rights, the continuing relevance of the Smith v Tamworth City Council decision, the Cemeteries & Crematoria Act and the Public Health Regulation. CCA Members can access the document in the Members Only section once they have logged in there.
Q & A Document
Does a Holder have absolute decision-making power about an interment right?
How can an interment right pass by Will or Intestacy?
How do I know if a person meets the requirements to have inherited the right of interment?
Who has the interment rights when the original holder dies?