Council CONNECT May 2018 17 Private Clients or her soul will not rest properly…” and “when our people are not buried on the country with their ancestors their spirit gets lost and would always be travelling and unable to rest.” Ms Duckett’s evidence was that: “during their time together living at Bowraville, Mr Darcy became involved in Gumbaynggirr community activities, including with the Gumbaynggirr elders. The Gumbaynggirr language remains strong and Mr Darcy learned to speak some words. He encouraged their children to become fluent in the Gumbaynggirr language and knowledgeable about their culture… Mr Darcy would introduce himself as having been born out west in Gulargambone, but that he was from Bowraville in Gumbaynggirr country.” Decision In finding that Ms Duckett had the superior claim for administration of Mr Darcy’s estate, the Court also found that Ms Duckett had the superior right to determine the burial of the body. This was because the evidence showed that “a Weilwan man has chosen to make his life and home with a Gumbaynggirr woman on Gumbaynggirr country and he has been accepted as part of that community by the Gumbaynggirr people.” In acknowledging the disappointment that Ms Darcy and her family would feel, the Court quoted an earlier decision regarding burial: “There is no solution or compromise available to me that will satisfy each side. I can only make a decision and indicate my regret that it will cause pain to the unsuccessful party.” Conclusion The right to burial of a deceased person is determined by legal, ethical and practical considerations: >  The person with the greatest entitlement to apply for a grant of representation in an estate will generally have the superior right to the disposal of the body. >  The Court will try to balance common law principles with practical and traditional considerations. >  The person with the right of burial should consider the wishes of interested parties and inform them of the arrangements.