How to set up a multigenerational burial plot

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Planning and designing a multigenerational burial plot can be daunting, particularly if there are conflicts among family members or changes in family relationships.

If planned carefully and executed according to your cemetery’s bylaws, however, grand, multigenerational burial plots can tell your family’s story and contribute to its history.

Here, three experts explain how a family plot can be established, decorated and possibly changed over time, in order to create family legacy.

Nick McCarthy, director of marketing, communications and community outreach at Beechwood cemetery in Ottawa

How can a family expand an existing family plot?

“With the existing family plot, if there’s room for burial, we can continue to bury people there. If there’s room around to expand, they could look around to see if there are any other lots available for purchase. If that’s the case then the expansion would be done like any regular purchase, because they would be just expanding their lot to the left or the right. In that case, the next of kin would have the burial rights to expand.

If there is no land available around the existing plot, they would come to speak to a family service representative from the cemetery. Then there is a needs assessment. What does the family want and what do they need? How many generations are you looking to include?

From that point it would be looking at the available land in the cemetery. It’s very much like real estate. You’re looking for the square footage of the land, how many burials are allowed per lot, including burial of ashes and burials of caskets. That varies widely from cemetery to cemetery.

In Beechwood, the majority of single burial lots would be two caskets and eight urns. That’s just a single lot. As you expand to a full family, like a four-lot, then you’re expanding to eight caskets and 32 urns. [If] you’re looking at a multigenerational purchase, you have to speak to your local cemetery to find out.”

Can you share any examples of historic, Canadian families establishing or changing their family burial space?

“I can speak about the Slater family. They would have bought right when Beechwood opened, between 1873 and 1880. They bought such a large lot, that they’ve been using it for 149 years. The beauty of a family lot of that size is that you can see the evolution of the family. You can see how the children were born, how they got married, how there are new branches of the family.

In Victorian-era cemeteries, you can see history. Many families are looking at their cemetery property as a family legacy, where the history can be shared, and their heritage is handed down over time. It also creates a visual genealogical tree. You can follow from the initial purchase all the way down to the modern family members.”

How can families today create their own legacy?

“When you’re talking about multigenerational purchases, you can talk to your cemetery of choice, look for the appropriate size lot of land, find out if there are rules for family mausoleums or family niche structures, or a combination of both. Then the fun begins and they get to design something that’s beautiful and very representative of their family.

The sky’s the limit. Our monument builders are doing custom engraving, custom monument building, 3D crests, sculptures; essentially whatever the family wants can be created based on the bylaws of the cemetery. That’s the only limitation.

Do families ever need to move an already-buried family member in order to complete or add to the multigenerational plot?

“That can happen. Depending on the age of the burial: If it’s 100 years ago, there’s really no point. There’s nothing left to bury.

But if they want to amalgamate the family and it’s a metal casket or a casket vault, or an urn and a metal urn vault, which are all made of a metal-concrete composite, the stronger the material, the easier it becomes. Under the eye of the coroner, the person gets disinterred and gets buried in the new location.

At Beechwood, that happens a little bit more than other cemeteries, because people want to be in the national cemeteries – either RCMP, military, or CSIS. We had a reinternment from Montreal. It was a WWI vet. His Ottawa-based nephew moved him from Montreal to here in Ottawa to the national military cemetery. That was a sign of respect by the nephew.”

What have you seen in terms of families creating and designing their family plots to tell their story?

“It was common in the Victorian era to see these grand family lots.

We’re seeing that families like to be buried together because it simplifies visitation and maintenance. We’re seeing families buying a two-, a three- and a four-grave. It makes a nice grouping together.

We’ve worked to create family mausoleums and family crypts. Choose where you want to go, where you love, and where your family wants to go, as well. Then find out the bylaws, and then you meet with your family services rep. They’ll work with you to build exactly what you need and what you would like.

It could be as varied as a statue of an elephant or a monument with brail on it because you have someone with visual needs. It’s all about discovery. That discovery could involve something very specific about the family. It tells a story, generationally, of who the family is. Every monument is a piece of art. It’s sculpture, and it’s architecture. It can be a beautiful, beautiful piece of architecture.

Cemetery bylaws can change from cemetery to cemetery, but they’ll work with families to give them what they want and what they need.”

Nathan Johnson, director of client services, Toronto-based Mount Pleasant Group

What are the steps involved in the purchase and execution of a large family plot?

“The first decision to be made relates to what type of space they desire for their final resting place. High-end, discerning customers seeking something grand or unique typically pursue one of two directions when planning for their final resting place: large family plots for casket or urn (cremated remains) interment, in other words burial, or private family mausolea casket or urn entombment.

It is likely the family will not know the final disposition wants of future generations. What families tend to do is provide for flexibility according to the type of space they are pursuing.

If a family plot is desired, the cemetery will be able to provide guidance on what options are available. If a private family mausoleum is desired, there will be a coordinated design process between the family, the cemetery, and if the family is working with one, the architect. If the family has not enlisted the services of an architect familiar with the construction nuances of mausolea, the cemetery will work with the contractor selected for the project.

If the family is considering a private mausoleum or other large structure, they should be aware that, in Ontario, approvals are required under the Building Code Act and the Funeral, Burial and Cremation Services Act (FBCSA).

In addition, individual municipalities may have local zoning or planning requirements that need to be satisfied before a project can be submitted to the provincial regulator (the Bereavement Authority of Ontario) for approval.

When considering such an option families should consult with the cemetery, which may have experience navigating these approvals, many of which are unique to cemeteries, or consult with knowledgeable design professionals to understand the legislative framework required for the necessary approvals.”

How does a family decide on the size and design of their plot?

“The size of the plot required would be a combination of a number of factors, [including] availability of land and the type of land (above ground or below ground) required at the desired cemetery, the number of generations they are providing space for, the structure required (i.e., private mausolea, if applicable) or monument, or both, and the size of the memorial desired. Other considerations include the type of memorial (monument or marker) desired. Design options are endless but, to some degree, design may be influenced by the materials used (granite/bronze). The family would also need to decide who the decision makers will be (i.e., the interment rights holders [IRH] who have legal ownership of the interment right) for the plot, and consider how that would change for future generations.”

How can families who are purchasing multigenerational plots tell a story with their choices of space and design?

“Certainly, most approaches follow traditional practices, however some families have unique and creative ideas they wish to explore.

In those instances, they must consider longevity. Forever is a long time and creative technology-based approaches may or may not be viable in 10, 50, 200 years.

There are endless possibilities but some more traditional ways in which one’s legacy can be told include: through the design of the memorial itself or the inscriptions or epitaphs used; cemetery or local historians may provide details as part of a history walk or book; creating a book for each member of the family to pass along to future generations; creating a digital story or website; creating a family foundation consisting of decision makers that manage the activity of the lot in perpetuity.”

What bylaws are important for the family to consider?

“Apart from the local building codes and provincial cemetery legislation in place, each cemetery has its own established bylaws which dictate what is acceptable and required within the cemetery.

Important considerations relating to family plots and private mausolea include how the care and maintenance of the plot and any memorials or structures will be dealt with over the years.

In Ontario, every interment right must have a portion of its selling price assigned to a perpetual care and maintenance trust fund as legislated by the FBCSA for the purpose of ensuring perpetual care.

Endowments are an option to ensure specific requests and future needs will be addressed. Materials used for memorials and structures will generally be granite and bronze.”

How does a cemetery approach the matter of moving family members who are already interred in another location?

“In those circumstances where the family wishes to have deceased family members already resting in a cemetery moved to the new family plot or mausoleum, the first item to be addressed is that the IRH of the existing or original plot and the legal next of kin are in agreement.

Once this has been established, disinterment of the remains will need to be arranged with those cemeteries involved, if other than the cemetery where the new family plot is located. The process is regulated and will require the involvement of a licensed funeral director as well as local health and coroner’s office authorities.

The receiving cemetery will make the necessary arrangements, working with the family and coordinating the move with any other cemeteries involved, as applicable.”

Bryan Gilmartin, associate, Toronto-based WEL Partners (estate litigation)

Who holds the right to make decisions and what are some issues or disputes that can arise?

“Disputes over family plots, how they are managed, and who is entitled to make decisions are prevalent both before and after death. At first instance, the obligation to deal with the remains of a deceased falls to the estate trustee, whether named in a will, or otherwise appointed by the court.

At common law, the estate trustee is duty bound to dispose of the body in a decent and dignified manner. When considering the issues that may arise in relation to family plots, it is important to note that an estate trustee’s authority may be limited by the authority of the interment rights holder.

The interment rights holder is defined in our legislation as the person who holds the interment rights with respect to a lot, whether the person be the purchaser of the rights, the person named in the certificate of interment or such other person to whom the interment rights have been assigned.

Cemetery operators in Ontario do not sell the land itself when granting interment rights. Rather, they bestow the right to be buried in a grave lot of plot.

The interment rights holder has the authority to decide who can be buried in a plot. In other words, remains cannot be interred in a specific lot without the consent of the interment rights holder. Similarly, remains cannot be disinterred without the consent of the interment rights holder. It follows that the stated intentions of a deceased person to be interred in a family plot, and the duty of the estate trustee to dispose of the deceased’s remains, are subject to the final say of the interment rights holder.”

What if there is a surviving or divorced spouse, who wants to change arrangements within the family plot?

“Importantly, the interment rights holder may not be a surviving spouse, or even a close relative.

Consider that we find ourselves in an aging population with a drastic increase in the number of blended families arising out of numerous marriages. It is not uncommon for surviving loved ones to be at odds with interment rights holders when considering whether a deceased person should be interred in or disinterred from the family plot.

For example, a surviving spouse who is not the interment rights holder may wish to have their spouse’s remains disinterred and relocated from the deceased’s family plot to another location. If the interment rights holder refuses to consent to the disinterment, the spouse will not be permitted to do so and may have no choice but to commence court proceedings in order to obtain an order for the disinterment.

An estate plan is crucial and will often include stated wishes of how a deceased’s remains are to be disposed of. It is important to understand how those wishes may be impacted or even frustrated by those who have the right to decide whether or not they will be upheld. Accordingly, it is important to consider this issue as part of a comprehensive estate plan in order to avoid fostering these issues and imposing them on loved ones after death.”

Responses have been lightly edited for clarity and length.

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