Apply to transfer burial rights

Occasionally it becomes necessary to transfer burial rights to another person.

There are four reasons why you may want to transfer burial rights

1. the registered owner is deceased and buried in the grave
2. the registered owner is not buried in the grave but the enquirer states that this person is deceased
3. the enquirer wishes to carry out works on the memorial of the grave but the registered owner's details are unknown
4. the registered owner is the enquirer

Opening graves and multiple burials

If a grave must be reopened, the owner of the exclusive burial rights must give permission.

It is important to say if you think the grave would be wanted for multiple coffins. If this is the case, we recommend that the grave depth is tested before starting the transfer. If there is not enough space for multiple coffins, you may want to cancel your application.

Custom and practice is to transfer to a singular person. Multiple ownership of a grave means all signatures would be needed for grave upkeep. This includes when further inscriptions to a memorial is requested.

1. The registered owner is deceased and buried in the grave

If the current registered owner of a grave is deceased, it is necessary to determine if they have left a will. If there is a will, burial rights can be transferred to beneficiaries named in the will.

If the grave's owner died without leaving a will and there are no High Court letters of administration, an affidavit is needed.

The affidavit must be sworn under oath. If the owner is not buried in the grave, a copy of the death certificate needs to be submitted with the application.

If there is a will, you will need to provide the following when applying:

• A copy of the will.
• Payment.
• If an estate is split between two or more parties, the remaining persons named in the will must also give consent in letters.

If there is no will, you will need to provide the following when applying:

• High Court letters of administration (if available).
• Applicants' identity and relationship to deceased owner.
• An affidavit, if the required documents are not available.
• Payment.
• Letters of consent from other persons who may have a legal claim to the burial rights transfer.

If any of the beneficiaries have changed their name(s), we would need documentary proof. If any of the beneficiaries are deceased, we would need a copy of their death certificate.

2. The registered owner is not buried in the grave but the enquirer states that this person is deceased

The same process as above applies regardless of the amount of time that has passed since the owner’s death.

If you have looked for a will but not found it, an affidavit is required. The affidavit is used to support the statements made by the applicant.

If there is a will, you will need to provide the following when applying:

• A copy of the will.
• Payment.
• A copy of the deceased owner’s death certificate.
• If an estate is split between two or more parties, the remaining persons named in the will must also give consent in letters.

If there is no will, you will need to provide the following when applying:

• High Court letters of administration (if available).
• A copy of the deceased owner’s death certificate.
• Applicants' identity and relationship to deceased owner.
• An affidavit, if the required documents are not available.
• Payment.
• Letters of consent from other persons who may have a legal claim to the burial rights transfer.

If any of the beneficiaries have changed their name(s), we would need documentary proof.

If any of the beneficiaries are deceased, we would need a copy of their death certificate.

3. The enquirer wishes to carry out works on the memorial of the grave but the registered owner's details are unknown

A deed of grant for the exclusive right of burial is made to a named individual. This person is responsible for the grave. But, in this case, their whereabouts are unknown to the family.

The council can confirm their full name but we cannot provide any contact information.

If a next of kin, who is not the owner, wants to care for the grave, they will need to sign an indemnity. For example, they might want to do work to improve its memorial.

Alternatively, they can apply to transfer the grave into their name. Then, they will become the new owner.

In either case, they wouldn't be able to remove the memorial. This would go against the wishes of the deceased.

4. The registered owner is the enquirer

This is the most common reason to apply for a transfer. This is because the existing owner can authorise the transfer to a person that they nominate.

The following information is needed when applying for a transfer of rights:

• The name of the cemetery.
• Grave number (if known).
• Full name and date of latest owner.
• Applicant's details.

If the original deed of grant is not available, this will not be an obstacle to the transfer process.

If the applicant wishes to have a deed, they will need to buy a copy from us.

Affidavit

An affidavit is a written statement of truth that can be used as proof in court.

The cemetery can provide wording that can be used as an affidavit. The affidavit must be signed before an individual with the power to witness an oath, like a solicitor or notary.

They will then add their signature and seal to authenticate it. To prepare this, we need accurate information from the applicant.