How to transfer burial rights

If you wish to transfer burial rights to another person, we will require certain information depending upon the circumstances.

If you wish to transfer the ownership during your lifetime you must complete a Form of Assignment and send it to us with the Grant of Exclusive right of Burial.

Transfer an exclusive right of burial when the owner has died

You can transfer an exclusive right of burial when the owner has died. The way to do this will be different depending on if there is a Will or not.

If the deceased owner left a Will

If the deceased owner left a Will stating who the Grant of Exclusive Right of Burial should be passed to and you are that person we will need:

  • the original Grant of Exclusive Right of Burial
  • the Grant of Probate
  • an Assent from the Executor(s) of the Will giving the Grant of Exclusive Right of Burial to you. If no Assent is provided, we will automatically transfer the Rights to the Executor. Unfortunately, we must take instruction from the Executor and not any beneficiaries that may be named in the Will

If the deceased owner left a will of insufficient value to merit application to be made for Grant of Probate and you claim the Exclusive Right of Burial, we will need:

  • The original Grant of Exclusive Right of Burial
  • The Death Certificate
  • A Statutory declaration detailing the relationship of the person claiming the Right of Exclusive Burial to the deceased owner
  • A Form of Renouncement from all other people who would be entitled to claim the Grant of Exclusive Right of Burial. Where there is no Renouncement we will automatically transfer the rights to all possible owners

When there is no Will

If the owner dies without leaving a will we will need:

  • The original Grant of Exclusive Right of Burial
  • The Grant of Letters of Administration
  • An Assent from the Administrator(s) giving the Grant of Exclusive Right of Burial to you

If the estate is of insufficient value to merit application for Letters of Administration we will need:

  • The original Grant of Exclusive Right of Burial
  • The Death Certificate
  • A Statutory declaration detailing the relationship of the person claiming the rights to the registered grave owner
  • A Form of Renouncement from all other people who would be entitled to claim the Grant of Exclusive Right of Burial
  • If the grave has not been used, it may be given to the council by completing a Form of Renunciation

Family disputes

Where a family dispute results in a stalemate and relevant consents are withheld, the ownership cannot be transferred until the family have resolved the matter for themselves. This is not an issue that the council can become involved with.