It is important to note that the burial rights only give entitlement to use the grave space indicated on the deed for a period of 35 years, with freehold ownership of the land remaining with Council. Owning the rights to a particular grave allows the Registered Grave Owner to decide who can be buried within the grave, and also authorise the placement of a memorial on the grave together with its ongoing maintenance and repair.
On their death, the Registered Grave Owner has an automatic right of burial in the grave where remaining space permits, and following their funeral it is the responsibility of the executor or nearest surviving relative to arrange a transfer of the ownership of the Rights of Burial to a person with legal entitlement. Any subsequent burials or required memorial works cannot be authorised until the aforementioned legal transfer has been completed.
A Registered Grave Owner may, if they wish before their death, assign the rights to another person. However for this and other matters connected with a deceased person’s estate you are encouraged to seek professional legal advice.