Definition of Interment Rights
The Burial Act is set out in the Cemeteries and Crematoriums Act 2003 (Vic) (the Act). It does not confer ownership (ownership rights) of the physical land. Instead, it grants permission to use the property, subject to the guidelines or specifications of the cemetery trust. End-of-life planning is often a difficult but necessary conversation with your loved ones, and a new aspect is the issue of funeral rights. Options for renewable burials in cemeteries and crematoriums were implemented in New South Wales in 2014 and their transition period ended in June 2019. Perpetual funeral rights remain a standard option, but variable burial rights are now also offered for an initial period of 25 years and can be extended to a final total of 99 years. However, this new option is neither retroactive nor mandatory. One of the main obligations of the funeral right holder is to immediately inform GMCT of any changes in their contact information so that we can keep accurate and up-to-date records. We need a verification of your change of address (e.g. updated driver`s license). There are many rights and obligations conferred on a funeral owner under the law, including: Perpetual burial rights will continue to be the standard choice, and there has been no impact on existing perpetual graves or other legal sites.
These make it possible to bury human remains in a particular grave or other allotment garden in a cemetery. Depending on the type of land purchased, additional burials may be added. It is assumed that perpetual rights do not have a fixed term, but serve as a permanent burial place, although the land is not owned as such. These rights do not need to be renewed and can be sure that they will last forever. This includes human remains and all legitimate monuments that mark the place. Once you have purchased a grave, your right to burial will be granted permanently. This means that the grave remains intact for the life of the cemetery. A funeral right may be held in a common name and may be transferred from one party to another after the completion of the relevant documents and payment of the corresponding fees. The right of the owner of the funeral is the person who can authorize the burial or burial of cremated remains, as well as the establishment of a monument such as a tombstone or plaque. the right to transfer or bequeath the funeral right to another party, for this reason it is very important for funeral owners to keep their address data up to date. the right to authorize the burial of human remains at the burial site Renewable rights include burials in the earth, mausoleums, crypts and vaults, as well as burials of cremated remains in the earth, columbarium or niche wall.
They begin on the day they are granted and end on the day the duty expires. If a fixed period of time is to end, the right holder will be informed by the operator of the cemetery or crematorium so that the right can be extended if it is less than a total of 99 years. This page contains information about the rights and obligations associated with holding a funeral right in one of our cemeteries or memorial parks. When you purchase a cremation grave or monument, you are buying a funeral right, that is, the right to use that particular cemetery property for burial or burial of cremated remains. If a grave has not been used after 25 years and we are unable to contact you after careful requests, we may need to recover the specific property to meet the needs of the community. In the unlikely event that this happens, your right to burial will be preserved, but may be transferred to another grave. For older graves where the original burial right has died, it may be difficult to determine who has the right to authorize the burial or burial of cremated remains or the establishment of a monument. Each case is unique, and we can help you navigate the process of determining who has the right. Contact us for more information. When you purchase a cremated grave or monument, you will receive a certificate of eligibility detailing the details of the property and the holders of the burial right for that property.
This is usually the buyer or a person designated by the buyer. For more information on burial options, see: www.industry.nsw.gov.au/cemeteries-crematoria According to the Cemeteries and Crematoriums Act 2013, a funeral right does not confer property but an “interest” in a property in a cemetery, either permanently or for a specified period of at least 25 years to a maximum of 99 years. Similarly, the remains of the person to whom the law relates may be buried in accordance with his or her own faith or with the cultural or religious practices that apply to that particular consecrated part of the cemetery. In addition, these rights are property that can be inherited as if they were part of the owner`s personal estate under his or her will. The beneficiary of these rights must be indicated in the will, otherwise confusion may arise as to who owns the property. A burial fee for a cremation memorial can be acquired for a limited period of 25 years or permanently. Government of the State of Victoria – Burials and Monuments the right to decide whether a monument or monument may be erected on the site, the right to oppose or support a request for exhumation of the remains of the site If you choose a 25-year-old monument, you have the option of renewing the monument at the end of this period, or to scatter the ashes on the cemetery grounds. If, after careful requests, we are unable to reach you at the end of the 25-year period, we may scatter the ashes on your behalf in accordance with a carefully regulated procedure in accordance with the law. If a right is not renewed, the property returns to the cemetery operators to be reusable subject to a number of procedures set out in the law. In this case, all human remains are removed in accordance with their cultural or religious beliefs and practices and placed in a leg box and re-entered to a greater depth or taken to an ossuary or similar place. Cremated remains found may be returned to the living owner of the renewable right or scattered on the cemetery grounds.
the obligation to preserve the monument during its construction on the site.