Transferring grave ownership (rights of burial)
When the last owner of a grave dies the family may wish to transfer the grave to a new owner for several reasons:
- to keep the grave in the family
- to enable works to be made to the headstone/memorial
- to allow for the grave to be used for a burial or burial of cremated remains (other than that of the grave owner)
Note: A grave owner is legally entitled to be buried or have their cremated remains interred in his/her grave/plot without further permission.
A living owner may also transfer the exclusive right of burial at any point should they wish to do so by assigning the rights to another person.
Who is entitled to take ownership of a grave?
Probate - Where the deceased owner left a will and his/her estate was subject to probate the person/s named on probate as the executors to the will are the person/s legally entitled to take ownership of the grave.
Letters of administration - Where the deceased owner did not leave a will but there was sufficient estate, Letters of Administration would be issued. The person/s named on the Letters of Administration as the executors to the estate are the person/s legally entitled to take ownership of the grave.
In both of the above cases the ownership can be transferred to another person or persons or an additional owner added during the transfer process.
Intestate - Where the deceased owner died intestate (without a will) and there was insufficient estate to pass through the court a statutory declaration will need to be made. We can assist you in completing the declaration based on the information provided by a family when establishing whom is rightfully entitled to take ownership of the grave. This can be complex and it may be necessary for the person applying for ownership to get in contact with many members of the family to gain their permission. There are some cases where we are unable to transfer the ownership of a grave where people are not contactable or unwilling to get involved.
Further information and guidance on the full process of transferring grave ownership can be found in a specially produced brochure (pdf, 391kb) and any required forms can be downloaded from the documents section on the right of this page.
Common questions people ask
How long will it take?
We aim to complete the transfer as soon as possible – please allow another 2 to 4 weeks.
Can cases be dealt with more quickly?
We can only fast track transfers where there is an immediate need for the grave to be opened for burial.
I’ve been told that I cannot have the grave transferred. Is there anything I can do?
We will try our best to find a way to transfer the ownership of a grave but in some cases it is not possible. This is usually where families have relocated, lost touch or where there are family disputes. In these cases you may not be able to transfer the ownership.
Do I need a copy of the original deed?
No. In most cases these are mislaid. Once a transfer is complete we will send a confirmation letter to the new owner/s. We also update our computer database and registers where appropriate.
Does a transfer affect the lease term of the deed?
No. The length of the lease of the grave does not change when the grave is transferred.