A living owner may also transfer the exclusive right of … In these cases you may not be able to transfer the ownership. The Council's and the Cemetery Board's records contain the details of the registered grave owners. 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 the grave owner. Giving false information may lead to prosecution, criminal charges and in some cases a custodial sentence. If your wife does not have these rights then she is not in a strong position here. A new cemetery easement for Grave(s) _____ will then be issued to _____ . When a deceased person dies intestate then the next of kin can apply to the Courts to be made Administrator of the estate. The original Deed of Grant and a certified copy of the owner's death certificate should accompany the Statutory Declaration. Granted to the executor/s of a Last Will and Testament once a document has been proven in Court. Where the deceased owner died intestate (without a will) and there was insufficient estate to pass through the court we will need to help you establish whom is rightfully entitled to take ownership of the grave. 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. Grave ownership cannot be bought in perpetuity and may not exceed 100 years. The procedure for establishing grave ownership when the original owner has died depends upon whether there is a will. No. When a request for a transfer of ownership is required by a non-resident there will be a charge for the transfer fee plus an additional non-resident’s fee . Assent of Executor or Administration form. Can I have a new deed? *All transfers are completed in turn. All certificates supplied with transfer applications must be originals or certified copies. 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. it must bear the embossed seal of the court. the deceased may have three children and next of kin, and one or more of those children wishes to give up their Rights to the ownership. Probate. Please allow for 2 to 4 weeks for the administration to be completed. The full name of the deceased, date of death and last known address must be provided. No. Why do I need to pay fees? No memorial may be placed on the grave without the written permission of the grave owner during the period of the Exclusive Rights of Burial. Once completed forms are received we again attempt to complete the transfer as soon as possible – but please allow another 2 to 4 weeks. Transfer of Ownership of Exclusive Right of Burial. Please review our privacy policy to see how we make use of data, available by clicking here or by the link in the site footer. If this is not known, you can search the index of deaths from 1837 until the present day, at the National Archives at Kew, Richmond, Surrey TW9 4DU. The following are examples of many of the possible circumstances: All children - irrespective of legitimacy. Transfer can only happen if the next of kin reach an agreement between themselves. Transferring grave ownership. Please note that fees are non-refundable if the transfer is not completed due to the applicant deciding to not proceed with the transfer or where it is not possible to obtain permission from any party whom has interest in the grave. If the grave owner has died, you must transfer the ownership of the grave to a living owner before you arrange any further burials in the grave. The ownership of the grave actually rests with the city or county, usually, and the burial rights are like a long term lease. We recognise that getting this information together may be difficult and the cemeteries office will do all they can to try to help whilst ensuring all the legal requirements are met. Please select the service area you'd like to subscribe to By signing a Statutory Declaration you are bound by the Statutory Declarations Act of 1835. It is then the executor's responsibility to identify the correct person for the transfer of ownership and assent the transfer by completing an Assent of Executor or Administration form. Trained staff at the cemetery office will advise you on whom is entitled to take on the ownership of a grave and will prepare the necessary documents. No burials or internment of cremated remains can happen without the consent of the registered owner. If there is no will, or the will is not valid, and the estate is of sufficient value as to require a Grant of Letters of Administration, ownership of the grave can be transferred to the personal representative of the deceased. You will need to know the full names, date and place of death. Only the registered owner has the right to allow a burial to take place in the grave. We can only fast track transfers where there is an immediate need for the grave to be opened for burial. However, Exclusive Right of Burial will be issued to the named person stated on our interment form and can only be purchased when arranging a burial. The rights of burial are registered with the local government. Statutory Declarations are legal documents produced by us and must be signed in the presence of a Magistrate or Commissioner for Oaths. A Deed of Grant will also be issued by us at the same time. (NB Birth certificates supplied for identification in a Deed Transfer must be a full birth certificate and not a short birth certificate.). You can get a copy certificate from 1836 to the present day from The General Register Office (G.R.0). Grave rights of a living person. Please note that any document produced for a transfer of grave ownership should show the embossed area of the seal, or be a certified copy of the original. 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. If this is not known, you can search the index of deaths from 1837 until the present day, at the: National Archives Kew Richmond Surrey TVV9 4DU. Transferring Grave Ownership when the owner is alive. It is imperative that you only allow a transfer of ownership to take place to the person or persons who are ENTITLED. Transferring Ownership. When the last owner of a grave dies the family may wish to transfer the grave to a new owner for several reasons.. 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.