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SUCCESSION: Crypt keeper

SUCCESSION: Crypt keeper

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CASE: Re Pacella [2019] VSC 170 It is not uncommon to include a provision in your Will that sets out how you would like your physical remains disposed of and your idea of an appropriate resting place.

Some requests, however, can be quite extravagant and outlandish.

Francesco Pacella wanted a family crypt. A large crypt that could fit 20 coffins, to be built in a cemetery in Italy.

He left $200,000 in his Will to be used for this purpose and tasked his nephew Emidio with the job of building the crypt.

Was such a provision legally enforceable?

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