Apply to transfer burial rights

Occasionally it becomes necessary to transfer burial rights to another person. At the end of this page you'll find the process to apply for a transfer.

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 it’s necessary for a grave to be reopened, the owner of the exclusive right of burial needs to give authorisation.

It is important to make clear if you think that the grave would be wanted for multiple coffin burials. 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 wish to discontinue 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 registered owner of a grave died without leaving a will and there are no High Court letters of administration, an affidavit will be required.

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, letters of consent from remaining persons named in the will are also required.

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

• High Court letters of administration (if available).
• Confirmation of 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 taken reasonable steps to locate a will or documentation, but without success, an affidavit must be provided. 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, letters of consent from remaining persons named in the will are also required.

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.
• Confirmation of 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 individual is responsible for the grave, however in this instance their whereabouts are unknown to the family. The council can confirm their full name but we cannot provide any contact information.

Consequently if a next of kin, who is not the registered owner, wishes to take on responsibility for the grave, for example they wish to undertake some works to enhance its memorial, they will need to sign an indemnity. Alternatively they can apply to transfer the grave into their name and become the new registered owner.

Please note that in either case they would not be permitted to remove the memorial as that would be 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 and individual with the power to witness an oath, such as a solicitor or notary, who will then add his signature and seal to authenticate it. To prepare this, we need accurate information from the applicant.