Burial and Cremation Act 2022
55Exercise of exclusive right of burial
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55 Exercise of exclusive right of burial (1) If the grantee of an exclusive right of burial is deceased, the right may be exercised, subject to any conditions specified on the certificate issued under section 52(1), by: (a) the personal representative for the grantee; or (b) if the grantee did not specify a personal representative – the decision maker for the deceased grantee. (2) Despite subsection (1), the person exercising the exclusive right of burial may only exercise the right if: (a) the person has not been certified as mentally unfit by 2 medical practitioners; and (b) the person can be contacted within a reasonable period.