Buying or selling a right of interment privately

The purpose of this page is to provide information about the private sale of graves (Rights of Interment (ROI)) by private sellers to potential buyers; and the need for buyers to be aware of the potential risks associated with private purchases and to undertake their own due diligence before entering into such purchase arrangements with private sellers.

SMCT is aware that from time-to-time graves (ROI)[1] are listed on sales forums or agreed in private transactions between friends, family and others. 

Notwithstanding there is nothing that legally prevents a sale or transfer of a grave ROI privately under the Cemeteries and Crematoria Act 2003External site (Vic) (Act), the fee for the sale/transfer of that ROI must not exceed the current cemetery trust fee payable for the same type of ROI in the cemetery that the sale corresponds to. 

ROI’s are categorised according to their characteristics and prices are gazetted with the Victorian GovernmentExternal site annually. When SMCT calculates the value of the ROI for a grave, it will consider the category, and therefore the relevant gazetted price, less the fees, as calculated under the Cemetery and Crematoria Regulations 2025External site. There may be different prices for various ROIs within each cemetery depending on the above criteria.

Selling 

If you choose to sell a Right of Interment privately you may not have the full information regarding the value of that grave and are therefore at risk selling the grave at a price above the value set down by the government.  

Buying

Alternatively, as a buyer you may be paying above the price set by the government for a particular grave ROI. Other risks include:

• The failure of the seller to advise you of the grave being encumbered in such a way that, it cannot being used as you may intend it to be used; 
• Being required to pay fees not disclosed by the seller, to SMCT, if you choose to relinquish the grave location in the future;
• Being sold a grave ROI fraudulently by a seller who had no legal right to sell the grave ROI and the sale being stopped by the lawful owner after having paid the requested sale price thus making transfer of that grave ROI to you impossible;
• General misinformation about the description and location of the grave ROI, inaccuracies in the description and information provided by either party and others. 

For current Holders of Right who wish to relinquish their grave ROI, rather than sell their ROI privately, SMCT provides a surrender and refund option that is aligned to the Act. Enquiries about this should be made to SMCT.

For enquirers looking to purchase a Right of Interment, information can be found on the Department of Health websiteExternal site

When grave ROIs are sold privately in the public domain, SMCT is unaware of the sales arrangements and has no participation in arranging, advertising, endorsing or guaranteeing such private sale arrangements. 

Any agreement between private sellers and buyers is a matter exclusively between the contracting parties and does not involve or include SMCT. SMCT takes no responsibility for any claims made by the seller to the buyer, nor does SMCT guarantee that the seller has the right to sell the purported grave ROI or any other claims made by the seller to the buyer. 

Buyers purchasing a grave ROI should undertake their own due diligence to ensure that they are purchasing a grave ROI which the seller has the legal right to sell and are aware of the potential associated risks. 

SMCT must remain neutral if there is a private sale dispute between the parties. 

It is strongly recommended that you seek independent legal advice before entering into a private sale or transfer agreement for a grave ROI.