Can a burial concession be sold, given or bequeathed in a cemetery?
Verified 24 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)
You can't sell a funeral concession. She's non-commercialwhether the concession is permanent or temporary.
However, you can bequeath it or give it away, under certain conditions.
Warning
The donation of a funeral concession is irrevocable. The donor forfeits his rights to the concession, including the right to be buried there.
The rules for donation and bequests vary depending on whether the concession is empty or already in use.
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The concession shall be used
If you are an owner (founder) of a burial concessionNo, you're not allowed to sell it.
You can pass it on by donation or by bequest.
If you do not make a donation or bequest, the concession will be passed on to all of your heirs.
You give your concession
You have to make the donation in front of a notary.
Donation recipient must be a member of your family (i.e. a relative even if distant).
The donation is irrevocable.
The recipient of the donation must then ask the mayor to draft a new concession document.
He must present the notarial deed of donation.
Who shall I contact
Please note
If the concession is perpetual, the recipient of the gift must pay donation fees based on their relationship to the donor.
You're bequeathing your concession
You must write a will.
The bequest beneficiary must be a member of your family (i.e. a relative even if distant).
The bequest recipient must then ask the mayor to draft a new concession document.
Please note
If the concession is perpetual, the bequest beneficiary must pay inheritance tax based on their relationship to the donor.
The concession is empty
Gift or bequest to an individual
If you are an owner (founder) of a burial concessionNo, you're not allowed to sell it.
You can send it by donation or by bequest.
If you do not make a donation or bequest, the concession will be passed on to all of your heirs.
You give your concession
You have to make the donation in front of a notary.
You can donate your concession to the person of your choice.
The donation is irrevocable.
The recipient of the donation must then ask the mayor to draft a new concession document.
He must present the notarial deed of donation.
Who shall I contact
Please note
If the concession is perpetual, the recipient of the gift must pay donation fees based on their relationship to the donor.
You're bequeathing your concession
You must write a will.
You can bequeath your concession to the person of your choice.
The bequest recipient must then ask the mayor to draft a new concession document.
Please note
If the concession is perpetual, the bequest beneficiary must pay inheritance tax based on their relationship to the donor.
Retrocession to the municipality
You can return your concession, for example in case of a move or change of choice of funeral.
This is not a sale, but a waiver of any right on the concession.
You must request the approval of the municipality.
The request is made to the town hall on which the cemetery depends.
If the municipality accepts your request, you can be refunded part of the price paid.
Reimbursement depends on the type of concession:
- Depending on the time remaining if the concession is temporary (for example, thirty or fifty years old)
- According to the decision of the city council if the concession is perpetual
If part of the concession price was awarded by the municipality to the CCAS: titleContent (1/3 of the price paid in general), this amount is never refunded.
Please note
the heirs of the holder of a concession may not apply for retrocession.
Respect due to the human body
Rules for the award of concessions
Ministry of the Interior
