Guidance on Transfer of Grave Ownership
When considering transferring ownership of a grave, it is
important to be aware that It is against the law to open a grave
for burial including a burial of cremated remains or to place
cremated remains upon the surface of a grave without the written
permission of the registered owner, unless the burial is for that
of the grave owner. Where the owner has previously been buried,
then without exception a new owner must first be registered to
re-open a grave for burial or place a memorial or additional
inscription upon a memorial.
The following documents may be required for the transfer of the
ownership:
- Grant of Probate
- Grant of Letters of Administration
- The Will if Probate not obtained.
Once the Exclusive Right of Burial has been purchased it becomes
part of the registered owner’s property.
When do you need to transfer ownership of the Exclusive Right
of Burial?
In the following circumstances transfer of the ownership will be
required:
- The registered owner decides to assign the grave to someone
else
- An application is made for a burial in the grave but the
registered owner is previously deceased
- An application to place a memorial/additional inscription on
the grave is made but the registered owner is previously
deceased
- If the registered owner has recently died. This makes future
arrangements easier if there is a living registered owner.
How to transfer the ownership of the Exclusive Right of
Burial
The Council must obey the law relating to ownership of graves
and burials. Where the registered owner is alive the transfer will
be a straightforward process. The registered owner, naming the new
owner, will complete a Form of Assignment which can be supplied by
the Council.
Where the registered owner has died the rights form part of the
residual estate. It will be necessary to establish who has the
legal right to deal with the estate. This will normally be:
- The executor(s) if the registered owner died leaving a
Will
- The Administrator(s) appointed if Letters of Administration
were obtained
- The next of kin if there are no executors or
administrators.
If the registered owner died recently it should be fairly easy
to identify who has legal rights to deal with the estate. However
if the registered owner died some time ago greater research may be
needed.
Obtaining the information required
You will need to find out if a Grant of Probate or Grant of
Letters of Administration exists and obtain a copy. If you are
unsure then you will need to contact the Family Records Centre.
Records of Grants of Probate and Letters of Administration are held
there and copies can be purchased.
Telephone 0151 471 4800 Minicom 0151 471 4530. Personal callers
may attend 1 Myddelton Street, Islington, London. EC1R 1UW.
If a Grant of Probate or Letters of Administration have not been
raised then a Statutory Declaration will be required, together with
a Will. If probate was not obtained and there is no Will, a
Statutory Declaration can still be made. The Statutory Declaration
requires details of all next of kin. If tracing the next of kin
proves difficult you may wish to contact the General Register
Office Traceline Team on 0151 471 4811.
We recognise that getting this information together may be
difficult and we will do all we can to try to help whilst ensuring
all the legal requirements are met. Our Cemetery Office staff have
received training on this important issue.
Cemeteries Service, 2 Penner Road, Havant, Hampshire,PO9
1QH.
Telephone 023 9244 6425
E-mail: cemeteries@havant.gov.uk