Published in the Coffs Coast Advocate on 27 June 2016.
When Jack’s wife, Helen unexpectedly dies, he discusses her funeral arrangements with Helen’s mother, Jane.
Jane tells Jack that she owns a burial plot together with a license to permit the burial of two persons on the same plot. She tells Jack that due to her late husband being cremated, she will not need to use the plot in the future.
Jane tells Jack that she would be happy for Helen to be buried on the plot and the plot reserved for Jack to join her when he ultimately passes away.
Arrangements are put in place and Helen is buried on the plot.
After Helen’s burial, Jack and Jane’s relationship breaks down and Jane decides that she will not transfer the burial license to Jack and he will therefore be unable to be buried with his wife in the future.
Jack considers exhuming his wife’s remains and decides to seek legal advice.
Through his solicitor, Jack offers to purchase the burial plot from Jane, but she’s not willing to accept the offer.
Jack commences action against Jane in the Supreme Court of New South Wales. He alleges that Jane has breached an agreement with him and in the alternative, claims that she is “estopped” from reneging on her promise.
The court considers the evidence and concludes that the arrangements regarding the burial did not constitute an enforceable agreement between Jack and Jane, partly due to the fact that Jack did not “do anything in return” for the transfer of the burial plot to him. The court also found that the parties did not intend to create any legally binding relationship between them and accordingly ordered that there was no agreement upon which Jack could rely.
The court however, found that it was “against conscience for Jane to change her mind” and in circumstances where Jack had relied on a promise to his detriment, the court was prepared to enforce Jane’s promise.
The court ordered that Jane transfer the burial license to Jack and furthermore that Jane was liable to pay Jack’s legal costs.
