The common law approach of according burial rights to the person best placed to obtain a grant of administration in intestacy is not a rigid principle but merely a convenient approach, and is irrelevant where there is no estate. In all burial disputes, courts must consider cultural, spiritual and religious factors where present. The best interests of the deceased's minor children are a primary but not determinative consideration. International human rights instruments, including the ICCPR and the Convention on the Rights of the Child, inform the development of common law principles governing burial rights.
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