Commentary

32 Maintenance of monuments and graves

BURIAL AND CREMATION vol 6(1)
| Commentary

32 Maintenance of monuments and graves

| Commentary

32 Maintenance of monuments and graves

The maintenance of a monument on a grave, or of the grave itself, is not a charitable purpose1. It follows that legacies or trusts for the maintenance of monuments or graves in perpetuity infringe the rule against perpetuities. However, a burial authority2 now has power to agree, on such terms and conditions as it thinks proper, to maintain, for a period not exceeding 100 years, a grave, vault, tombstone, or other memorial in any cemetery provided or maintained by that authority3.

It is also possible to achieve the object of securing the maintenance of a

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