Your right of interment will allow your burial to take place. However, other members of your family can only be buried in the same grave if you transfer the right to them. You can do this before your death, or choose to do it through your will. Once the transfer is complete, all the new owners' signatures will be necessary for any applications to make changes to the grave, such as putting up a headstone, or changing an existing one.
Before your death
You can choose during your life to share the right of interment with someone else, or to transfer it to them completely. These transfers are quick and easy to do. Just ask a member of our cemetery staff to help.
Through your will
If you have willed your right of interment to a relative, your executors can bring your original document to the cemetery office once an Order of Probate has been granted. Staff can then make a transfer of the right to your executors. Where your right of interment documents have been lost, your executors will need to contact the probate office to provide certified copies.
If you have not made a will, or there is no probate
If you have made a will, but your estate is small and probate is unnecessary, your executors should bring the original right of interment document and your will to the cemetery office. Staff can prepare a Statutory Declaration based on your will.
If you die without leaving a will, your next of kin will need to supply details to us, so that we can prepare a Statutory Declaration.
In either of these cases, the Statutory Declaration must be signed and sworn before a Commissioner for Oaths or a Magistrate. Any statements in the Declaration have the same legal status as evidence given in a court of law, so there is a legal obligation to tell the truth.
If there are problems deciding on a transfer of rights
There have been periods in the past when people have failed to apply the legal protections around transfer of rights of interment correctly. As a result, there is sometimes more than one generation between the original owner of a right of interment and the present claimant. This can lead to difficulties in establishing just who is entitled to claim. Our staff receive regularly updated training and have access to specialist legal advice on this matter, and will always try to help you in any way they can.