Burial at sea: The legalities

BARRY, a retired professional fisherman, makes a will which includes a provision to the effect that upon his death, he wishes for his remains to be the subject of a burial at sea.

Barry appoints his son, William as his executor.

Many years later, Barry passes-away and William makes enquiries regarding Barry’s burial wishes.

William discovers that he must submit a Burial at Sea Permit Application Form to the Commonwealth Department of Agriculture, Water and the Environment with an application fee of $1675.

The application form must include the reasons for applying for a burial at sea.

The fact that Barry could demonstrate that he had a ‘connection to the sea’ by virtue of his occupation assisted William’s application.

The fact that his wishes were clearly noted in Barry’s will, also assisted William’s application.

William contacts a local charter operator who provides him with the vessel type and registration number for inclusion in the application.

The application is granted four days after the application is lodged.

William discovers that the sea burial can only occur in waters of a depth greater than 3000m and that his father’s body must be sewn into a shroud made of heavy canvas, containing sufficient weight to ensure it sinks rapidly.

A local funeral director prepares the body in accordance with the Ship Captain’s Medical Guide.

A small group of Barry’s closest friends and family depart the shore and upon reaching a suitable site, a ceremony is conducted, before Barry’s body slides into the sea.

The funeral director completes the process by submitting a full report to the Department, outlining the details, which includes the latitude and longitude of the burial site, the depth of the water and the distance from the nearest land and closest city.

If you are considering a burial at sea, it is important to record your wishes in your will.

The cost of a burial at sea may be prohibitive and if so, consider a cremation and the scattering of your ashes at sea.

If YOU would like a particular issue addressed, please email me at manny@tblaw.net.au or call me on (02) 66 487 487.

 

By Manny WOOD, Solicitor