Many people believe that their loved one’s final resting place belongs to them forever. This isn’t true in Western Australia (WA).
Every grave is subject to a lease known as a “Grant of Right of Burial” (Grant). A standard Grant (including for pre-paid plots) lasts for just 25 years. This doesn’t just apply to burial plots, either — cremation memorials and mausoleum crypts are included.
What is a Grant?
A Grant gives someone the right to bury loved ones in a particular grave, as well as the right to install and maintain a headstone. It is exclusive, meaning that only one person can hold it.
An example blank Grant for Karrakatta Cemetery.
Who holds the Grant?
The Grant holder — also known as the Grantee — is usually the person who arranged the first burial in the grave. This could be a spouse, child or other relative.
It’s important to note that the Grant begins when the first burial takes place. A Grant from 1999, for example, will still expire in 2024 even if others have been buried since (unless payment has been made to extend it).
If the Grant holder dies, the executor of their estate takes control. Grants can also be left to someone in a Will.
What happens when a Grant expires?
Once a Grant expires, control of the grave reverts to the cemetery authority. Without a current Grant, you are usually unable to bury more people in the grave or to make changes to the headstone (such as having it refurbished or engraving new details).
Please note that you won’t always be reminded about expiring Grants. You should write down somewhere all important dates.
Can the Grant be repurchased after 25 years?
When you purchase a Grant, you have the automatic right to purchase an additional 25 years of tenure. However, this must be done before the first 25 years have run out.
Once the Grant runs out, it is at the cemetery authority’s discretion to allow it to be repurchased. At Karrakatta Cemetery, applications for new Grants are regularly refused in areas planned for redevelopment (read on for more details).
What about 50 year, 99-year and perpetual Grants?
Most graves used to be sold with either a 50-year, 99-year or perpetual (“forever”) Grant. However, in 1986, the law was changed to limit all Grants to just 25 years. In 2012, all Grants purchased before 1987 were cancelled (the legal term being “extinguished”).
Will the grave be dug up?
Not at this stage.
At Karrakatta Cemetery, however, there is an ongoing redevelopment program — also known as “Cemetery Renewal” — that involves the removal of headstones from expired graves to make way for new graves, gardens and mausoleums. In fact, since the early 2000s, nearly all new graves at Karrakatta have been dug between occupied graves in redeveloped areas,
How do I check my Grant?
Firstly, please take a look at any documentation you may have.
If you don’t have a copy of the Grant or want further information, you should contact the cemetery authority directly. For Perth cemeteries, instructions are available on our website here.
We are happy to give advice to the public. Please click here to get in touch with us.
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