Exclusive Rights of Burial
When a person purchases a grave or cremation plot they are purchasing the exclusive rights of burial for that grave space; they are not purchasing the actual plot of land.
The ownership of the cemetery land remains with the Burial Authority.
By issuing Exclusive Rights of Burial a grave or cremation plot may not be opened, nor can anyone be buried there without the owner’s permission. Also only the named grave owner or owners are permitted to install or alter any memorial on the grave.
If an owner dies they have the legal right to be interred in the grave they owned. If they were the only named owner no further burials or memorial installation can take place until the exclusive rights of that grave has been legally transferred to a new owner.
If ownership is shared, the surviving owners have the right to make decisions regarding the grave and the memorial.
Cemetery staff can perform the transfer of ownership by either the production of a Probate of Will or Grant of Letters of Administration. In cases when neither of these documents applies the ownership will have to be transferred via Statutory Declaration by the next of kin.
The Statutory Declaration document in relation to the exclusive rights of burial can be produced by the Burial Authority, or you may wish to employ the services of a Solicitor. The Declaration is required to be concluded under oath in the presence of a Commissioner for Oaths. The Burial Authority does not charge for producing a Statutory Declaration document; however there will be a small charge made by the Commissioner for Oaths for their services.