When you purchase a grave or memorial space, there are important rights and responsibilities that come with your purchase. We understand this information can feel overwhelming during an already difficult time, which is why we’re here to help guide you through what it all means.
Right of Interment explained
Our team members Terry and Pania explain Right of Interment, including what it means for you and your family, in the video below.
What is a Right of Interment?
When you purchase a grave or memorial space in Victoria, you’re not buying the land or space itself – you’re purchasing what’s called a Right of Interment.
Think of it as purchasing the exclusive right to use that specific space for a burial or the interment of cremated remains.
This right belongs to the person named in your certificate of entitlement (given upon purchase), and it comes with both meaningful privileges and important responsibilities.
Your Rights as a Right of Interment Holder
As a Right of Interment holder, you have the exclusive authority to:
Authorise a burial or interment of cremated remains in the dedicated plot or position you have purchased
Decide whether to establish a headstone, plaque or other memorial within the plot or position
Transfer or hand down your right to family members or other chosen people
Make decisions about exhumation, if ever required
Understanding Our Shared Responsibilities
As a cemetery trust, GMCT’s commitment to families and the broader community is to care for and maintain our 21 cemeteries and memorial parks across Melbourne, in perpetuity (forever). This includes:
Maintaining the broader park grounds and gardens
Caring for pathways, roads and facilities
Ensuring a safe, peaceful environment for all visitors
Providing ongoing support and guidance to families
Your responsibilities as a Right of Interment holder include:
Maintaining your memorial (including the headstone, plaque or monument)
Ensuring your memorial remains safe for other visitors
Keeping your contact details up to date with us
These rights and responsibilities are outlined and protected under the Cemeteries and Crematoria Act 2003, and ensure you maintain the right to care for your loved one’s individual memorial in your own way.
Frequently Asked Questions
How long does a Right of Interment last?
For graves: Your right is granted in perpetuity (forever), meaning your family can use and care for the space for generations.
For cremation memorials: You can choose either a 25-year period or in perpetuity (forever). If you choose 25 years, you’ll have options to renew when that period ends.
What happens when more than one person holds the Right of Interment?
When two or more people hold a Right of Interment jointly, all holders must agree and sign together for any decisions about burials, memorials, or changes to the space.
If you can’t locate a co-holder, we can help guide you through the process of making necessary arrangements. You’ll need to provide evidence of diligent enquiries, such as attempting contact, searching directories, or placing newspaper advertisements.
How can I update my contact details?
It’s essential to keep your information up to date so we can reach you about matters relating to your memorial space and provide timely support when you need it.
You can download our online form and email it to enquiries@gmct.com.au, or call us at 1300 022 298.
We’ll need verification of your address change (like an updated driver’s licence).
Can I transfer my Right of Interment to someone else?
Yes, you can transfer your right or add additional Right of Interment holders. We have specific forms for:
Adding an additional Right of Interment holder
Transferring the Right of Interment to another person
What if I inherited a Right of Interment but can’t find the paperwork?
This is common, especially with older memorials where rights have been passed down through generations. Our team can help you:
Locate existing records within our database
Understand the transfer process
Guide you through updating ownership details
Every situation is unique, and we’re committed to helping families work through these circumstances.
Who owns cemetery land?
All cemeteries and memorial parks in Victoria are situated on Crown land. Cemetery trusts are responsible for ensuring the land is managed and maintained, while Right of Interment holders are responsible for maintaining individual memorials (including headstones, plaques or monuments).
What happens if my memorial becomes unsafe?
Memorial safety is the responsibility of the Right of Interment holder. If we identify that a memorial poses a safety risk, we’ll contact you to arrange repairs. If we can’t get in contact with you after diligent enquiries, we may need to take action to make the memorial safe, always with respect for your loved one.
Need Help?
We know that navigating these responsibilities and processes can sometimes feel complex and overwhelming, especially during times of grief. Our team is here to provide clear and compassionate guidance.
Get in touch with us at 1300 022 298 or complete our online enquiry form.