By Darryl Browne -
Key decisions
- Vosnakis v Arfaras [2015] NSWSC 625
- Flocas v Carlson [2015] VSC 221
- Georgios Vasilios Sotiropoulos as executor of the estate of the late Maria Sotiropoulos v Vlasios Vasilios Sotiropoulos [2015] NSWSC 855
- IR v AR [2015] NSWSC 1187
- In the Estate of Milind Bedake [2015] ACTSC 267
- Application by Elizabeth Marie Robinson [2015] NSWSC 1387
- Amprimo v Wynn [2015] NSWCA 286
- Burge v Burge [2015] NSWCA 289
- The Estate of Arthur Michael Falco; Falco v Lambert (No 3) [2015] NSWSC 1343
- NSW Trustee and Guardian v State of New South Wales [2015] NSWSC 1121
Burial rights
Ms Arfaras owned a burial licence (aka interment rights) that permitted two people to be buried in the one grave. Ms Arfaras’ daughter, being Mr Vosnakis’ wife, was buried in the grave. Vosnakis v Arfaras [2015] NSWSC 625 concerned the entitlement to nominate the second person to be buried in the burial plot. The court noted that the right to nominate the second person was an asset of the estate of the owner of the burial right (ie Mrs Arfaras), which asset could be exercised by the executor of the estate after probate was granted. The court confirmed authority that an executor of the buried body (ie Mr Vosnakis) generally has the exclusive right to decide how and where the body may be buried. This gave the executor legal rights to prevent the body being disturbed. On the facts Ms Arfaras was estopped from denying that Mr Vosnakis had the relevant rights. The court’s remedy required Mrs Arfaras to transfer the burial licence concerning the second person to Mr Vosnakis.
