The Fight to Be Buried on Country: Prue Vines on Wills, Death and Family

Did you know that around sixty percent of burial disputes that end up in Australian courts involve an Aboriginal person, and that appointing an executor can be the one thing that prevents it?In this episode, I'm speaking with Professor Prue Vines, a leading Australian legal academic at the Faculty of Law, UNSW Sydney, where she has taught since 1990. Prue is co-author, with Rosalind Croucher, of the country's leading succession law textbook, Succession: Families, Property and Death, and sole author of Law and Justice in Australia. She is also the author of the Aboriginal Wills Handbook, and her research sits right at the intersection of law and death, with a particular and long standing focus on developing culturally appropriate wills for Indigenous Australians and on the burial rights disputes that so often follow when that planning hasn't happened.Prue and I talk about why succession law can feel so harsh when emotion meets property, and why a will should really be thought of as part of planning for the people you leave behind, not just a piece of paper about money. She walks me through what a will actually does, including the part most people never think about: appointing an executor who has the legal right to decide what happens to your body. We get into the risks of DIY wills, how to choose an executor you can truly trust, and what the probate and intestacy process actually looks like when someone dies with or without a will.A large part of our conversation is dedicated to Prue's decades of work with Aboriginal communities across Australia, developing wills that actually reflect how kinship, family and obligation work in those communities rather than imposing a Western template. She explains how appointing an executor became the single most important reason many Aboriginal elders chose to make a will in the first place, because it settles who has the right to decide what happens to a person's body. We go deep on burial rights: why disputes over where someone is laid to rest disproportionately involve Aboriginal Australians, what dispossession has done to people's ability to be buried on country, the different ways communities have adapted, from smoking ceremonies to carrying home a handful of earth, and the real court cases Prue has seen where a missing will meant a family was torn apart over a burial decision that should never have needed a judge.Prue closes by making the case for enduring power of attorney and guardianship alongside a will, and pushes back on the idea that will disputes are becoming more common than they really are.Remember; you may not be ready to die, but at least you can be prepared.Take care,CatherineWe'd love to hear from you. Send us a text :-)Death is hard, make death admin easy with the Critical Info Platform. It’s a simple, secure system that helps you prepare and share your legacy, wishes and personal paperwork.It’s packed with prompts, guides and even a To Do List to help you easily gather critical information for a complete end-of-life plan.Leave behind a legacy, not a mess.Sign up now to your free trial at critical info.com.auNo credit card needed. Every Tuesday at 7pm, I host Critical Chat Tuesdays — free, online conversations where you can ask questions or just listen.No pressure. No expectation.Because this isn’t about planning for “someday” — it’s about being ready for whatever life throws your way.Join anytime at criticalinfo.com.au/events MY LOVED ONE HAS DIED, WHAT DO I DO NOW?Our guide, ‘My Loved One Has Died, What Do I Do Now?’ provides practical steps for the hours and days after a loved one's death. Download it here.SUPPORT SERVICESIf you're feeling overwhelmed by grief, find support through our resources and bereavement services here.Support the showSupport the 'Don’t Be Caught Dead' podcast with a one-off or regular donation to help Critical Info, a certified social enterprise, keep creating free, high-impact conversations about death, grief and planning—every contribution fuels our mission to reduce the burden on families and build a more death-literate, compassionate community. Donate here now.Learn more: https://criticalinfo.com.au/Connect with Don't Be Caught Dead podcast host Catherine Ashton & Critical info on socials:https://linktr.ee/catherine_critical_info?utm_source=linktree_profile_share&ltsid=c1879300-84db-4c70-9270-18d17d3ec22aMusic composer: Ania Reynolds - https://www.aniareynolds.com/