Till Death do us part...........where will your resting place be?

"The bitterest tears shed over graves are for words left unsaid and deeds left undone" - Harriet Beecher Stowe.

This quotation recently gave me an idea for today's blog post.

I am always impressed when a client tells me they have already purchased their grave space - such an organised person with great initiative! As most of you will already know, losing a loved one leads to all kinds of emotions, and the last thing a family needs at such a trying time is a dispute over where the recently departed is to have a final resting place. I would advise you to think about this sooner rather than later!

Anyone wishing to pre-purchase a grave space in Newcastle West graveyard these days will be sorely disappointed. You can only purchase a grave space at "a Time of Need", as per Limerick City and County Council's website.

Burial grounds are the responsibility of the local authorities. Local authorities own many burial grounds, but parishes or local community groups operate others.

Limerick graveyards are regulated by the Limerick City and County Council Cemeteries Bye-Laws 2015. I needed to read through them recently to assist a client with a query.

The following is my summary of the relevant provisions:

What are the responsibilities of grave owners regarding maintenance?

Grave owners have specific responsibilities regarding the maintenance of their graves. They must visit or appoint a representative to inspect the grave, arrange for weeding, and address any health and safety risks associated with the grave. This includes ensuring the grave is maintained to a satisfactory standard to avoid health and safety issues. Additionally, grave owners are responsible for removing broken or decayed monuments. If they fail to keep the grave, the Council may intervene and recover the costs from the grave owner.

Are there any penalties for failing to maintain a grave to the required standards?

There are penalties for failing to maintain a grave to the required standards. If a grave is not maintained satisfactorily, the Council may take action to remedy the situation. This includes the removal of any monuments, headstones, or other objects that have fallen into decay or pose a health and safety risk. The costs incurred by the Council for such removals can be recovered from the grave owner or their representative as a simple contract debt. Suppose the Council is unable to contact the grave owner?. In that case, they may publish details of the graves that are not maintained to a satisfactory health and safety standard in local newspapers.

Who owns the grave?

The grave's owner is called the "Burial Rights Owner." This person has acquired the right of burial in a grave space, either under the applicable bye-laws or through other means. The acquisition of a right of burial does not automatically allow for the erection of a headstone, which requires a separate application to the Council.

What are the procedures for acquiring a burial plot in a Council cemetery?

To acquire a burial plot in a Council cemetery, the following procedures must be followed:

1. Application: An application must be made to the Council to acquire a burial plot. This application should include the name and address of the applicant in sufficient detail to ensure future identification against the Register, along with the specified fee.

1. Payment of Fees: The applicant must pay any fees requested by the Council regarding acquiring a burial plot. The receipt or deed issued upon payment constitutes the right of burial.

1. Setting of Fees: The Council's Chief Executive Officer sets the fees for acquiring a right of burial, which may be updated occasionally.
2. Restrictions on Sale: The selling of a right of burial to a third party is not permitted. However, the Council may facilitate the return of ownership of a right of burial to the Council. A right of burial may be transferred to a member of the same family.
3. Pre-purchase Options: It is possible to pre-purchase a grave space in certain cemeteries. However, this option is unavailable in all cemeteries, and interested parties should contact the local caretaker or cemeteries team to check availability.
4. Purchase at Time of Need: A grave space can be purchased at the time of need through the Limerick City and County Council's website. This allows for online purchases with a credit card, and a receipt is provided via email. The receipt must be given to the caretaker or undertaker to arrange for the allocation of a grave space. Note that this option must coincide with a burial and cannot be used for pre-purchasing.

These procedures ensure that the acquisition of burial plots is managed orderly and regulated by the Council's bye-laws.

What are the restrictions on selling a right of burial to a third party?

The selling of a right of burial to a third party is not permitted. However, the Council may facilitate the return of ownership of a right of burial to the Council itself. Additionally, a right of burial may be transferred to a member of the same family, but this is the extent of permissible transfers regarding burial rights.

Hopefully, this post was not too morbid – I will endeavour to be more light-hearted in my next one!

Have a great day!