Transfer of rights to a grave further information

When a grave is purchased it is the rights to the grave that is leased, rather than the land itself. This means that the grave owner does not own the land, but does own the rights to say who can be buried in the grave and the style and wording of any memorial.

Grave rights are needed to use the grave or install or change any memorial. The rights last for the time of the lease.

Grave rights can be transferred and new owners can be added with the grave owner's permission.

If a grave owner has died a transfer will need to be completed before anything further can happen to the grave (such as a new burial or memorial).

To complete any transfer, we need to prepare legal documents and a fee of £75 is payable.

When a grave owner dies

When a grave owner dies the transfer can vary depending upon the estate of the owner of the grave rights, the documents relating to the estate, or the structure of their family.

If the grave owner left a will

The executor or executors will be the one eligible to take over the rights to the grave.

We will need to see a copy of the will to confirm this.

If probate was obtained

The executor or executors will be the one eligible to take over the rights to the grave.

We will need to see the original, sealed copy of the grant of probate to confirm this.

If letters of administration were obtained

The administrator or administrators will be the one to take over the rights to the grave.

We will need to see the original, sealed copy of the letters of administration to confirm this.

If no will was left

We would need the names and addresses of the lawful next-of-kin of the grave owner, as they are entitled to take on the rights. Next of kin is the nearest surviving relative or relatives and based on the following order of priority:

1. Husband or Wife or Civil Partner
2. Direct descendants (children, grandchildren including adopted children but not step-children)
3. Parents
4. Siblings

For example, in cases where a grave owner was married it is the surviving husband or wife that is entitled to the rights. If there is no surviving spouse, the children will be entitled. If there is no surviving spouse or children, the grandchildren will be entitled.

Where there is more than one person entitled to take on the rights (such as more than one child of the grave owner) all people in that group will automatically have rights to the grave. It does not matter what gender they are, who is older or where they live. This means that everyone who has the rights to a grave must be involved in the transfer process before anything further can happen to the grave.

Anyone who is entitled to the grave rights but doesn't want to take ownership can complete a form to give up ownership. 

In some cases a statutory declaration will be needed to complete a transfer. This is a legal document that confirms the details of who is entitled and will need to be witnessed by a solicitor. Additional charges may apply for this part of the process.

A Statutory Declaration is needed when the rights are being transferred:

• when a will is left and the rights are being transferred to the executor
• when there is no will and the rights are being transferred to the next of kin