When making about your end of life decisions, you may choose to enter into a preneed funeral or cemetery services contract with a funeral provider or cemetery operator, allowing you to pre-arrange and pre-pay for the future. Here are some things to know about these preneed contracts.
Entering into these contracts secures most costs at the current rate, even if the services take place many years later. You can also choose to leave prearrangement information with a funeral home, but not prepay for the services.
Do your research
Before you finalize the contract, ensure you know what services you are pre-paying for, what costs might be incurred at the time of need (such as food and flowers), and what costs may fluctuate (such as taxes).
Ready to sign a contract?
When entering into a preneed contract, you should receive a copy of the contract within 15 days of signing it. If you don’t receive a copy within this amount of time, you have the right to cancel. If you receive the contract after this length of time, you have up to 30 days from the date it was received to cancel.
Your cancellation rights
A preneed cemetery or funeral services contract may be cancelled at any time by the purchaser or by the personal representative of the deceased; however, you may lose up to 20% of the total cost of the contract. If your contract includes a right of interment or personalized items, they may not be refundable.
Make sure you read and understand a contract before signing it. If possible, have a relative, family friend or lawyer look it over with you.
For more information about BC’s funeral, cremation and interment laws, visit the funeral services section of our website.
ADDITIONAL READING:
Have you had “the talk”? Steps to take & 5 tips about funeral services
Cemetery and funeral services: do you know your rights?
Steps to take following a death
Can you be buried without embalming? If so, where?
No, embalming is not required for burial. However there may be factors to consider such as if there will be a viewing with; or public health laws may require embalming if the body is going to be transported by air or rail.
At what point can a cemetery start selling graves pre-need? Do they have to be fully developed and constructed?
Or if they have a design for future plots they plan to develop on their land – can they sell graves in advance, the way property companies pre-sell condos prior to development?
Hi Jennifer, it’s my understanding that as long as the area is licensed by Consumer Protection BC and we’ve had the chance to inspect it, they are allowed to sell pre-need. If this is unclear or if you have more questions, please give our inquiry centre a call at 1.888.564.9963 and we’ll be happy to help you. Thanks!
I have prepaid for funeral expenses in British Columbia and now am being charged more because the cost of coffins, etc has risen. I thought the whole idea of prepaying was that I was guaranteed products and services at the original paid price.
Hi Charlotte, thank you for asking a question here. Not all costs are guaranteed to stay at the same rate over time with preneed contracts. We touch on that topic a little on this page of our website so please take a look. If you’re still unsure after reading that page, please feel free to submit a formal complaint to us so we may be able to take a look at your contract. You can submit a complaint here online.
My Uncle passed away from Covid-19 a week ago. The funeral home is refusing to put him in his tuxedo and say they will lay it on top. Can they do that or are they expected to put on PPE and dress him. They have declined to embalm him for the same reason. He had prepaid for a deluxe funeral.
We are so sorry to hear about your loss. It’s our understanding that funeral homes are allowed to make these decisions as long as they are refunding the money for the things they are not doing. If the funeral home is not returning the money, please let us know as we would be able to look into that further. Thank you.
Are preneed contracts a requirement for all prepaid cemetery and funeral services in BC or can Cemeteries and Funeral service providers choose to use a different type of contract that allows them to not put 80% of the money in a trust?
Hi Saman, thank you for reaching out to us! We have a blog post that explains different options when it comes to arranging end-of-life options. Here is the link and it outlines different options, not just preneed contracts. I hope this is helpful!
Though my husband had purchased a couple of burial plots several years ago, we have changed our minds and are likely to be cremated. In case that we may change our minds again, and offer an option to this scenario, may we “joint” the ownership of the plots with our son who may or may not use them in the future?
Also, as a piece of property, do we register our plots as we do with our personal residence? If so, what is the procedure as the cemetery personnel has not been helpful in this department. I have named a “next of kin” attached to our burial plot accounts and/records.
Hi Julie, thank you for posting your question here. Each cemetery has its own bylaw so rules differ depending on where you purchased your burial pot. Take a look at your original contract and see if it states anything about transferring/joint owning of the rights. Regarding your second question, I am not sure if you will be able to register your plots as your personal residence. When you purchase a right of interment, you are not actually buying land in a cemetery, you are buying the right to be buried there. We have more info on this on our website here.
For in-ground lots, generally a cemetery would have to refund 75% (the rights). The perpetual care portion for lots (25%) is not refundable after 30 days of purchase.
Some cemeteries allow transfer to family or private sales. Each cemetery has its own rules regarding transfers.
Fees are likely charged to effect any time of transfer, whether a disposition of the lot, or transfer to family.
Only the person registered with the cemetery as the rights holder can make these changes.
My sister invited a Rep from Valley View to come to the house to explain the process of burial as her husband was not expected to live thru the following two weeks (they have prepaid plots-she is mobility challenged). In this extreme level/state of emotionalism, she understood she was being presented with options for an “estimate” of the costs and signed what she believed was an estimate. Her husband has now continued living (+8 months) and Valley View has been harrassing her to pay in advance for her husband’s funeral costs, and has sent her to Creditors.
Hey Geraldine, thanks for reaching out. Since your sister has already signed a contract with Valley View, we’re going to need more information before we can determine if we’re able to help with this situation. Fill out our complaint form with as much detail as you can, and we’ll get back to you as soon as possible. I hope this helps.
My grandmother had purchased a plot at a cemetery many years ago. during a cross country move, she misplaced her contract. When she contacted the cemetery to get another copy of the contract, they have vehemently refused to send her a copy of the contract, and have insinuated that unless she can produce her copy, she will not be permitted to be interred in their cemetery. Is there anything she can do?
Hi Kris, thanks for reaching out. We regulate certain aspects of cemeteries in BC but we need more information from you to assess the situation. Please visit our website to submit a complaint form. I hope this helps!
I am the secretary treasurer of non profit society operating a very old small licensed cemetery. We are considering adding a small columbarium.
I would like to know the rules for preselling spaces. Is there a boiler plate contract available that we could modify?
Hi Glen, thank you for contacting us. I will pass on your email and question to our operations team. Someone from that team will get in contact with you.