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?
Are cemetery operators required to offer renewable interment right positions?
How long can the term of a renewable interment right be?
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?
Who has the most authority – the applicant for the interment, or the executor?
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
A series of answers on common questions about burial rights and licenses under the Cemeteries & Crematoria Act (NSW) have been provided by Christine Smyth from Robbins Watsons Solicitors.
Once logged in CCANSW members and their delegates are able to access the advice in the CCANSW's Members Only nline document storage.
Duncan Hughes, writing for the Australian Financial Review, says property prices for prestigious cemetery plots close to popular suburbs and seaside views are leaving residential real estate for dead.
Falling supply, increased demand and higher disposable income are contributing to “exponential growth” in prices and changing the way the living view real estate transactions for their final postcode, says fifth generation funeral director Dale Maroney.
Copyright: The Cemeteries and Crematoria, Association of NSW, (2002 - 2020)