Burial FAQs
When I buy a grave or lot do I own the land?
How long do I own my Interment Rights?
Can there be more than one Interment Rights Holder?
Yes. Interment rights can be arranged for one individual (sole owner) or for multiple individuals (joint owners).
Can I pre-authorize who can be buried within the Interment Rights?
Yes, an allocation or permission document can be completed in which the Rights Holder pre-authorizes who is permitted to be buried in the future and specifies the location of the burials. The document also allows memorialization for those named and can be completed with the cemetery office. Having this document in place avoids having to obtain permission or direction at the time of an interment.
How do I know that the cemetery will be maintained forever?
Ontario law requires that a percentage of the purchase price for each interment right sold must be set aside into trust for the care and maintenance of the cemetery. These contributions can never be removed. The interest and dividends generated by these investments are paid out to the cemetery to provide for the ongoing maintenance of the grounds. If the income generated isn’t enough to maintain the cemetery, the legislation allows the cemetery’s assets to be transferred to the local municipality who then take on the responsibility of maintaining the cemetery grounds in perpetuity.
How can I change the Rights Holder?
As the cemetery records are the official book of record, any changes must be registered with the cemetery. If you want to change or add Rights Holders you need to bring the current Interment Rights Certificate with you to the cemetery office because written authorization from the Rights Holders listed on the certificate will be required to make any changes. The cemetery will update its records and provide a replacement Interment Right Certificate reflecting the new Rights Holder(s). A fee will be charged to register the changes.
What happens when the registered Interment Rights Holder dies?
If a sole owner dies, he or she can be automatically buried in the interment right and any future interest in the right becomes part of the sole owner’s estate. If a joint owner dies, the surviving Rights Holder(s) have to give their permission for the burial as well as placing or inscribing a memorial. Any future interest in the interment rights then automatically goes to the remaining surviving owners.
If a Power of Attorney existed for a Rights Holder, it becomes immediately null and void at his or her death and the individual holding the Power of Attorney no longer has any authority regarding the interment right.
When a person dies, his or her property (including the interment rights) becomes part of their estate. If further use is to be made of the interment right, and the last surviving Rights Holder has died, his or her estate must be cleared with the cemetery office as follows:
If the deceased Interment Rights Holder died within the last 3 years and left a Will, the Executor AND the Legal Next of Kin will have joint “Signing Authority” for 3 years from the date of death of the original rights holder.
The Executor cannot act alone within this 3 year period. Likewise, the Legal Next of Kin cannot act alone without the Executor. The Executor and Legal Next of Kin of the rights holder must act together as joint Signing Authorities. This joint signing authority process respects the rights of both the Executor and the Family.
After this, or if there was no Will, succession laws apply and any new Rights Holders (minimum 18 years of age) will be established in the following order:
Spouse
Children – if no Children, then,
Grandchildren – if no Grandchildren, then,
Great-Grandchildren – if no Great-Grandchildren, then,
Parents – if no Parents, then,
Brothers and Sisters – if no Brothers or Sisters, then,
Grandparents, if no Grandparents, then,
Uncles, Aunts, Nieces and Nephews.
Can anyone in my family use the grave, niche or urn space?
As long as someone has the written permission of the registered Interment Rights Holder, anyone – they don’t have to be a member of your family – can make use of a grave, niche or urn space.
What happens if I pre-purchase Interment Rights but change my mind or move away from the area?
If you change your mind for any reason within 30 days of your purchase and you haven’t used your interment rights, we will refund 100% of what you paid. After 30 days, you can still cancel your purchase, as long as your interment rights have not been exercised,we will negotiate a refund price, less the portion contributed to the Care and Maintenance Fund, and less an administration fee, in accordance with the law.
Can I sell my plot to someone else?
Yes. We permit the private sale of interment rights and there are specific conditions that need to be met and steps needed to be taken to ensure the transfer of ownership is registered in the cemetery records. In order to re-sell interment rights privately a Rights Holder must follow a specific procedure, complete the appropriate paperwork, and register the re-sale or transfer on the cemetery records.
Here are the conditions:
• The interment rights have been paid in full.
• An Interment Rights Certificate has been issued by Lakefield Cemetery to the Rights Holder.
• No burials or entombments have taken place or memorials erected within any of the graves, or niches identified on the Interment Rights Certificate.
• All memorials have been removed
Options Available to the Interment Rights Holder:
Subject to an administration fee, and provided the above conditions have been met the Rights Holder may, at any time:
Transfer the interment rights back to Lakefield Cemetery (we will refund a negotiated price, less the portion contributed to the Care and Maintenance Fund), or;
Sell the interment right privately – Ontario legislation requires that the interment right cannot be sold or transferred for an amount greater than the value of a comparable interment right on the current cemetery price list.
The Process:
Transferring the Interment Rights Back to Lakefield Cemetery (LC):
The Rights Holder informs LC of his/her desire to transfer the interment rights back to LC.
LC identifies the refund amount and requests written consent from all Rights Holders;
Should the Rights Holder(s) wish to proceed and written consent is provided, LC will issue the refund amount to the Rights Holder (or, if there is more than one Rights Holder, the amount divided equally among the Rights Holders registered on the cemetery records, unless otherwise directed by all of the Rights Holders).
Selling the Interment Rights Privately:
The private sale of the interment rights will be recognized by LC when the following have been completed:
The Rights Holder (seller) registered on the cemetery records returns the current Interment Rights Certificate* to LC with an Endorsement of Sale or Transfer document, issued by the cemetery, completed and signed by the Right Holder(s) and the third party Transferee(s);
* If the original Interment Rights Certificate can’t be found, LC may issue a duplicate Interment Rights Certificate to facilitate the sale or transfer endorsement. An administration fee may apply.
The Rights Holder pays the current LC administration fee;
If LC is required to restore the associated memorialization rights before completing the sale or transfer, a restoration fee will be charged by LC.
LC agrees that the documentation and the transfer of ownership has been registered on the cemetery records, in accordance with the Cemetery By-laws.
LC will then issue a new Interment Rights Certificate to the transferee(s) (the “new Rights Holder(s)”) within 30 days.
What happens when an Interment Rights Holder becomes incapacitated and can't sign for matters relating to the Interment Right?
Often a Power of Attorney is granted to allow someone to oversee the individual’s affairs. For cemetery purposes, we will accept a General Power of Attorney or Property Power of Attorney. Once we have reviewed the document, the person with the Power of Attorney can sign in place of the Interment Rights Holder. Please note after the death of the Interment Rights Holder, Power of Attorney ceases and the Executor or Legal Next of Kin is required to sign for matters relating to the Interment Right.
What is the care and maintenance fund?
When interment rights are purchased, a portion is set aside for the care & maintenance of the land being purchased. This amount can be up to 40% depending on the location. The cemetery uses the interest from this account to carry out the care and maintenance. This way cemetery property may be cared for in perpetuity (forever).
Are there annual fees for care and maintenance?
The amount for ongoing care and maintenance is included in the purchase price; therefore, no annual fees are required. When a marker/monument is purchased, there is a one-time care and maintenance fee depending on the type and size of the selection. This care & maintenance fee is for the memorial only and not for the maintenance of the land previously purchased. The care and maintenance is only on the foundation, not the monument. The family owns the monument.
What is the difference between a lot or columbarium?
Lot/plot/grave – A piece of land for the burial of a casket and/or an urn.
Columbarium – A structure with compartments of niches (small spaces) for placement of urn(s) containing cremated remains.
What are my memorialization options?
We offer a wide range of memorialization options.
Upright monuments (formerly described as ‘headstones’, ‘tombstones’ or ‘stone’) – Monuments are a popular choice for year-round visibility. A wide variety of colours, styles, designs, bases and inscription choices are available.
Flat markers – Bronze or granite markers can be placed either flush on the ground or vertically on a wall. Markers vary in size, shape, colour and design.
Tree dedications – Throughout the cemetery Lakefield offers families the option to choose an existing tree for dedication purposes or a memorial tree can be planted (location to be approved by management) with an accompanying plaque. No burial can take place at tree dedications, unless you are specifically purchasing a lot with a tree dedication.
Bench dedications – In many parts of the cemetery or on a two-grave lot or larger location, a memorial bench may be placed to provide the opportunity to visit, reflect and pay tribute.
Memorial Wall – As an additional form of memorialization, a person’s name and lifespan may be recorded on a bronze leaf or butterfly on our memorial wall.
Why should I preplan my final arrangements?
Arranging in advance saves money and stress for your loved ones, helps ensure your wishes are carried out exactly as you want, and provides you with the comfort of knowing that it’s all been taken care of.
My wishes are outlined in my will, why do I need to pre-arrange?
A will is an important legal document, however, it often isn’t read until after the funeral/burial. Our pre-arranged plan offers security to you and your family that the money to cover your final expenses will be immediately available when it’s needed.
Are payment plans available?
Yes. We will work with you to ensure your plans meet your financial needs. You can pay for your arrangements in their entirety,or take advantage of our payment plans.
Can I only pre-pay for my cemetery plot?
What you decide to plan ahead of time is entirely up to you. We can help you and your loved ones gain a better understanding of the many traditional and contemporary options available to reflect your taste, culture, and budget.
In certain sections of the cemetery, we ‘package’ the purchase of the land and memorial. If there is no ‘package’ in the area of your choice, you are welcome to purchase the land and work with our cemetery services counsellor to build a monument.
If I am cremated, can I be buried with my spouse even if he or she was a in a casket?
Yes. Cremated remains may be buried in the same grave as casketed remains. .