Holder of Right of Interment

The Holder of Right of Interment (HoRoI) is the person(s) who has the legal authority to make decisions about a grave, crypt, or memorial site.

They can:

• Approve burials or placement of ashes
• Authorise memorials like plaques or headstones

If there are multiple Holders, all must agree in writing before changes can be made.

A Right of Interment is permission to use a grave, crypt, or cremation memorial for burial or ashes.

You’re not buying land - you’re buying the right to use the space for interment. This right is recognised under the Cemeteries and Crematoria Act 2003 (Vic).External site

You may need to update the Holder of Right of Interment if:

• You want to add a memorial (such as a plaque or headstone) or place ashes
• You need to make other changes to the site
• Make other changes to the interment location, but the current Holder of Right has passed away, cannot be contacted, or is unable to give instructions

If you are the current Holder, you can add, remove, or transfer the right by completing a Transfer of Right of Interment form.

If the Holder has passed away or is incapacitated, you’ll need to provide SMCT documents like:

• a certified will or
• a Letter of Administration

If neither a will nor court letter is available, SMCT may ask for a Statutory Declaration together with a certified copy of the Death Certificate to confirm rules of inheritance.

Our team will guide you through what documents may be needed to support your application.

Please contact us at rightofinterment@smct.org.au and one of our team members will reach out within 5 business days to explain the process and next steps.

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