Have you been advised to update the Holder of Right of Interment?

This page will guide you through what you need to do and prepare to update the Holder of Right of Interment, or HoRoI.

The HoRoI may need to be updated if you have enquired about making changes, such as to:

• Add a memorial tribute (Plaque or Headstone)
• Inter (bury) ashes, or
• Make other changes to the place of interment where the HoRoI is deceased, no longer reachable or unable instruct us to make changes to the place of interment.

If you are yet to make contact with us, you can contact us here or if you have already reached out to us, one of our customer care consultants will be in touch with you within the next 5 business days to discuss the next steps and guide you through the process to update the HoRoI.

In the meantime, the information below will help you prepare what may be required for your personal situation.

On this page

• What is a Right of Interment?
• What is the Holder of Right of Interment (HoRoI)?
• Why do I need to update the HoRoI?
• When the HoRoI can't instruct us on a transfer
  • What to do when the HoRoI has died
  • What to do when the HoRoI is incapacitated
• What documentation is required?
• Transferring the Right of Interment to another person(s)
• FAQs

What is the Holder of Right of Interment?

When a Right of Interment is purchased and paid in full, the applicant purchasing the Right of Interment can name a person(s) to be the Holder of Right of Interment (HoRoI). This gives the HoRoI the authority to inter or memorialise at the location. Without the authority of the HoRoI, no other person(s) can authorise the use of, or arrange memorialisation at the location.

Why do I need to update the Holder of Right of Interment?

SMCT is obligated under the Cemeteries and Crematoria Act 2003 (Vic) to act on instructions only from the Holder(s) of Right of Interment (HoRoI). This means that if the HoRoI is deceased, the HoRoI will need to be updated in order to arrange memorialisation or interment at the location. Supporting documentation is required when applying to have the HoRoI updated.

A Statutory Declaration is a legal document that is signed and declared to be true and correct in the presence of an authorised witness. Falsifying a Statutory Declaration is an offence in the State of Victoria therefore criminal charges may be imposed.

For more information, visit the Victorian Government’s website for Justice and Community Safety.

What to include in a Statutory Declaration

Depending on the specific situation where you may have been asked to provide a Statutory Declaration, the declaration being made will need to be specific in relation to the circumstances that are being declared as true and correct.

For example:

"To the best of my knowledge,

• The late (Deceased Name) did not have a will
• There is no letter of the court outlining the beneficiaries of the late (Deceased Name)
• I am the sole beneficiary"

"I confirm that:

• I have discussed and gained permission from all known beneficiaries that I be listed as the sole, joint, one of the multiple holders of right of interment and have attached supporting documentation from each.
• After diligent enquiries, I have not been able to contact the Holder of Right of Interment"

The following must be included in the declaration:

• The location of the Right of Interment
• "I acknowledge that should a person of higher authority come forward, SMCT may revoke my Holder of Right of Interment grant and update the Holder of Right of Interment according to the new information provided by the third party."
• "I indemnify SMCT of any wrongdoing when updating the Holder of Right of Interment, as SMCT are, in good faith, following the information provided in this Statutory Declaration which I declare as true and correct, knowing that falsifying this declaration is a criminal offence."

Add, remove or transfer the Right of Interment

The current Holder of Right of Interment (HoRoI) may wish to add, remove or transfer the Right of Interment to another person(s). All current HoRoI will be required to complete the relevant form, instructing SMCT to make the required changes to the HoRoI.

When the current Holder of Right of Interment can't instruct us on a transfer

If the existing Holder of Right of Interment (HoRoI) can’t authorise a transfer to you, you will need to prove that you are entitled to be the new HoRoI. You do this by submitting a claim of entitlement.

This usually happens when the current HoRoI has passed away. However, it can also apply when they:

• Are incapacitated
• Can't be contacted, despite your best efforts.

How the claiming process works is outlined below.

What to do when the current Holder of Right of Interment has died

If the current Holder of Right of Interment (HoRoI) was the sole HoRoI, then an application to update the HoRoI will be required along with supporting documentation.

All applications must be accompanied with the Death Certificate and either;

• The will of the deceased
• Letter of the court outlining the beneficiaries of the deceased

Where a will or a letter of the court cannot be provided, SMCT may request a Statutory Declaration with the Death Certificate to determine the order of inheritance.

Where there were joint or multiple HoRoI, and there are surviving HoRoI upon the passing of one, the Holder of Right of Interment will automatically transfer to the remaining HoRoI.

What to do when the current Holder of Right of Interment is incapacitated

If the current Holder of Right of Interment (HoRoI) is incapacitated, then an application to update the HoRoI will be required along with supporting documentation (Enduring Power of Attorney).

Transferring the Right of Interment from one person to another

If the existing Holder of Right of Interment (HoRoI) is able to personally authorise the change, the Right of Interment can be passed on to somebody else. This is done by completing a transfer form. Extra HoRoI can also be added in the same way.

Here’s how the process works.