When Families Disagree About Burial
When a loved one passes away, family members often want to do what they believe honours that person’s final wishes. But what happens when siblings can’t agree about where their parent should be buried — especially when cultural traditions come into play?
This was the heartbreaking situation in the recent NSW Supreme Court case Vulagi v Kennerally trading as Funeral Services Pty Ltd [2025] NSWSC 1310.
A Family Divided Over Burial
Mrs Nanise Tavakayaca Vulagi was born in Fiji and had lived in Sydney for nearly four decades. When she passed away in August 2025, her children disagreed about her burial place.
One daughter, Georgia Vulagi, wanted to honour what she said were her mother’s final wishes — to be returned to her home village in Fiji for burial. But her siblings, who all live in Sydney, said their mother wanted to be laid to rest locally, near her children and grandchildren.
Caught in the middle was a funeral home, holding Mrs Vulagi’s body until the court could decide.
The Court’s Role in Burial Disputes
The Supreme Court of NSW has what’s called “inherent jurisdiction” to decide urgent burial disputes — even when probate of the deceased’s will hasn’t yet been granted . The court’s task is to resolve practical problems, not to assign blame.
Justice Brereton explained that when deciding who should have control over burial, the court must balance several factors, including:
- Who is legally entitled to make arrangements (usually the named executor);
- The deceased’s known wishes;
- Cultural and spiritual traditions;
- The views of close family and community; and
- Practical issues such as funding, logistics, and timing.
Who Has the Right to Decide?
Mrs Vulagi had signed a formal will in May 2025 naming one of her daughters as executor and expressing a wish to be buried in Sydney. Later, an exercise book written in Fijian appeared to show an attempt to change that — but not valid in NSW.
Even though the daughter (the plaintiff) who applied to the court said her mother changed her mind, the judge found the original will to be valid and that the executrix retained the legal right to arrange the burial.
As a result, the court confirmed that Mrs Vulagi would be buried at Forest Lawn Memorial Park in Leppington, Sydney — close to her family and church community.
Balancing Cultural Traditions and Legal Rights
The case also highlights the court’s respectful consideration of cultural practices. Justice Brereton acknowledged the importance of Fijian customs, including the role of the village chief and the desire for ancestors to rest in their homeland.
However, the judge noted that cultural processes in Fiji made such a burial unlikely — and that the practical, dignified choice was a local burial in Sydney, where Mrs Vulagi’s descendants could visit her grave.
Key Takeaways
- The named executor usually has the right to decide how and where a person is buried.
- The court can intervene before probate is granted if there is a serious dispute.
- Cultural and religious traditions are taken seriously, but practical realities — cost, consent, and logistics — often guide the final decision.
- Clear communication about burial wishes during life, written into a will, can prevent distressing disputes later.
How We Can Help
Disputes over burial arrangements are deeply emotional and often arise at a time of grief. At The Law Office of Conrad Curry, we understand the importance of balancing cultural customs, family wishes, and the legal rights of executors and next of kin.
Our Wills & Estates lawyers can assist you to:
- Prepare a clear, valid will
- Formally recording the will maker’s intentions and wishes for their funeral and burial wishes;
- Resolve disputes sensitively when families disagree about arrangements;
- Apply for urgent court orders where necessary; and
- Provide compassionate legal guidance at every step.
If your family is facing uncertainty after the death of a loved one, contact our team for advice on how to protect your loved one’s dignity and honour their wishes.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.