Deeds of grant

A grant of rights must be in writing, and is signed by the appointed officer of the authority. It is common practice to grant burial rights by way of a deed.

The holder may transfer any right of burial to another person. A right of burial passes on the death of the holder (if not bequeathed in a will) to the person entitled to the residue of the estate or, where there is no will, to the person entitled to the deceased's property, "in title".

This means that the person inheriting the residual of the estate or being entitled to the deceased's property has the right to apply to the council to have the burial rights transferred into their own name.

Such rights pass to executors or administrators of the estates of the deceased only in the same way that other property passes (that is to enable the will of the deceased to be carried out or to pass the property to those entitled).

No executor or administrator may as such keep these rights for his or her benefit nor exercise them for the benefit of anyone other than those entitled by law.