Transferring Exclusive Rights of Burial

If the grave owner has died their Will may mention who the Exclusive Rights of Burial should transfer to. There may be letters of administration, or probate. Where there is no will, letters of administration or probate, we will need a Statutory Declaration. 

Sometimes the owner may no longer need the grave and may wish to transfer to another person, or even surrender ownership completely.

If the grave owner is alive and wishes to transfer the ownership of the grave to another person, they need to complete a Form of Assignment. Forms are available from us and need the signature of the owner and one other as witnesses.

If the grave owner is deceased and left a valid will and an estate of sufficient value to require the Grant of Probate to Executors, then the ownership of the grave can be transferred to the Executor.

The Executor must produce an original copy of the Grant of Probate, with the seal included, to the Bereavement Services Office. If the Executor wishes to transfer the deed to someone else then an Assent of Executor or Administrator form must be completed. The form is available from us.

We will take a copy of the original Grant of Probate and keep the original Assent of Executor or Administrator form.

If the grave owner is deceased and letters of administration have been obtained or the will is not valid, and the estate was of sufficient value as to require Grant Letters of Administration, the ownership of the grave can be transferred to the Administrator.

The Administrator must produce an original copy of the Letters of Administration Form, with the seal included, to us. If the Administrator wishes to transfer the deed to someone else then an Assent of Executor or Administrator form, available from us, must also be completed.

We will take a copy of the original Grant of Probate and keep the original Assent of Executor or Administrator form.

If the grave owner is deceased and there is no grant of probate or letters of administration. If there are no Executors or Letters of Administration have not been granted, the applicant for transfer of ownership should complete a Statutory Declaration.

Statutory Declaration

If there are no Executors or Letters of Administration have not been granted, the applicant for transfer of ownership should complete a Statutory Declaration.

The Statutory Declaration sets out the reasons why you are saying that you are the rightful owner of burial rights for a grave. It is a legal document declaring something to be true.

If a Statutory Declaration is required you will need a solicitor. We cannot draw up Statutory Declarations.

The requirement for a Statutory Declaration exists to ensure that the burial rights are assigned only to the rightful owner(s). It serves to protect both the owners of those rights and the council. It is a procedure used by the majority of burial authorities in England. It is supported by the Institute of Cemetery and Crematorium Management.

There will likely be a charge for this service. Your solicitor should clearly set out the facts including:

• the original purchase of the Exclusive Rights of Burial

• the death of the registered owner

• intestate or otherwise

• the relationship of the applicant to the registered owner

Family disputes

We cannot become involved where there is a family dispute over any ownership or where there is a stalemate and relevant consents are withheld. The ownership cannot be transferred and no further burials will be allowed, or memorial applications processed. The various next of kin need to reach an agreement. Step-children do not come into the order of succession.

Guide as to who is next of kin in succession order

1. The surviving lawful husband or wife
2. The children of the deceased
3. The grandchildren of the deceased
4. The father and mother of the deceased
5. Whole blood brothers and sisters of the deceased
6. Whole blood nephews and nieces of the deceased
7. Half blood brothers and sisters of the deceased
8. Half blood nephews and nieces of the deceased
9. Grandparents
10. Whole blood uncles and aunts of the deceased
11. Children of whole blood uncles and aunts of the deceased (full cousins)
12. Half blood uncles and aunts of the deceased
13. Children of half blood uncles and aunts of the deceased (half blood cousins)
14. Other persons with an interest in the estate may apply

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