Alot of funeral directors make the mistake of putting the grave ownership in the name of someone who plans on going into the plot. This can cause alot of stressful problems for family members left behind who have to sort out the funeral for them..
We’re With You Every Step of The Way
Things to think about.
Who is the grave owner
if they have passed away contact the council to see what steps are needed to change ownership
Burial & Cremation
if still alive and they want to go into the grave maybe transfer to another family member
Put the grave ownership into the name who would probably be organizing the funeral.
Ring us if you need any advice on grave ownership as it is important to get it right.
Exclusive Rights of Burial
are normally being purchased on a leasehold basis for an initial period of 50 or 75 years. But what does owning the grave mean and entitle them to do within the leashold period?
Decide who can be buried/interred into the plot.
You can place a memorial or added inscription on an existing memorial (regulations and permit fees for this may apply)
If the owner dies they have an automatic right to be buried/interred in the grave (provided there is space).
You can transfer the ownership to whoever you wish!
It does not give any form of ownership over the land nor entitle the person automatic rights to erect any form of memorial or shrubs. The land itself remains the property of the Council or the Church
when the leasehold is finished it does not mean plot is re-used! Just that you cant do anything else with it (like add a memorial or add anyone else to the plot)
When the leasehold expires the lease will have to be renewed before any more interments and memorial work can be done if wanted?
You can't just put anything on the plot, you need permission.
Memorials wont get taken off after the lease expires.
What happens when the grave owner passes away….
He or she will have the right to go into the plot. However in most council cemeteries any memorial work like a headstone wont be able to go ahead due to the grave owner being ther deceased. Here’s some of the things that may need to be done
The grave ownership will have to be changed to someone still alive for the remaining term of the lease period.
Memorial work won't normally be allowed until the grave ownership has changed to someone still alive.
Ideally the grave owner should be someone not planning on going into the grave themselves.
You may need to get in touch with the council to see what is needed to change the ownership.
Frequently Asked Questions
Transfer of Grave Rights
Transfer of Grave Rights
The Exclusive Rights of Burial may be transferred to another person for the remaining term of the lease period. If the living owner of the Exclusive Rights of Burial wishes to transfer the rights to another person a Form of assignment must be completed.
If a grave owners passes away without arranging for the transfer of deeds ?
this can give rise to problems when descendants wish to use the grave. The Council is unable to simply grant further burials upon request and must be satisfied that any person claiming ownership of the grave is legally entitled to it. It is therefore important that any transfer of ownership is notified and evidenced to the Council at the earliest opportunity.
Where there is uncertainty about the grave ownership?
the Council recommends that you resolve this as soon as possible to avoid the distress of trying to sort out any problems at short notice and before a funeral.
If the original owner is deceased and left a valid Will and Estate of a value that requires Grant of Probate
ownership is transferred to the Executor(s) on production of the Grant. They are then responsible for identifying the rightful owner and complete the transfer by a Form of Assent .
If there is no Grant of Probate
then ownership may be transferred for the remaining years on the Deed to the Executor named in the Will on production of the original. In this case applicants will also need to provide a completed Statutory Declaration, based on the Will, to claim the Exclusive Right of Burial. There can be a maximum of two owners per grave. Other beneficiaries must sign a Form of Renunciation to relinquish their rights to ownership.
If there is no valid will,
ownership of the grave can be transferred to a personal representative of the deceased on production of a sealed copy of the Grant of Letters of Administration. Again is it then the responsibility of the representative of the deceased to identify the rightful owner and complete the transfer by Form of Assent.
Where there are no Executors or Letters of Administration
then the rules of Intestacy apply, as stated in the Administration of Estates Act 1925. In this case, applicants must submit a Statutory Declaration to claim the Exclusive Right of Burial.
What is it ?
This is a legal document produced by the Cemeteries Office
which must then be signed in the presence of a Magistrate or Commissioner for Oaths
How to Apply
The Statutory Declaration will set out the facts regarding the original purchase of the Exclusive Rights, the death of the registered owner, intestate or otherwise and the relationship of the applicant to the registered owner. The original Deed or Grant should accompany the Declaration, if available.
A form of Renunciation
must be completed by all other next of kin of the deceased owner, and attached to the Declaration. The Council may ask for a certified copy of the owner’s death certificate in certain situations.
Think carefully about who is to be the grave owner when purchasing a plot ideally someone who doesnt plan on going in the plot themselves....
For any memorial, a permit for the erection of a memorial must be sought from the Council (this is done by an approved mason). Where permission for the erection of a memorial has been taken place, the registered owner is fully responsible for its maintenance, upkeep and safety.
Ascot Ave, Doncaster DN4 6HE 01302 736900