Hi there. In Victoria, exhumations are regulated by the Department of Health and Human Services. If you want to exhume human remains from a place of internment (such as a cemetery), you need to apply to the Department for an exhumation licence. Applications must be in the prescribed form and include a statement from the cemetery detailing whether they have any objections to the exhumation application. You also need to include a statutory declaration regarding consent from direct and indirect family members. An application fee is payable.

The Department will consider your application and may grant or refuse an exhumation licence. A licence may be issued subject to certain terms and conditions. Once you have the licence, you can arrange for the exhumation to take place. Exhuming remains without a licence is a criminal offence that carries serious penalties.

More information about applying for an exhumation licence can be found on the website of the Victorian Department of Health and Human Services (www.health.vic.gov.au).

Suggested way forward

You can apply for an exhumation licence without the help of a lawyer, but if you want professional assistance, you should contact a family lawyer or wills and estates lawyer. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.