Transfer of Ownership
The Exclusive Rights of Burial may be transferred from a living owner to another person for the remaining term of the period that the Right was granted for. The living owner must be aware the transfer of their rights means they no longer have automatic right to be buried in the plot themselves upon their death. If the living owner of the Exclusive Rights of Burial wishes to transfer the Rights to another person a Form of Assignment must be completed.
If the grave is no longer needed, it can be surrendered to the Parish Council by completing a Form of Renunciation.
Transfer of ERoB ownership when the owner is deceased
Possession of a grave deed does not infer that the holder is entitled to the deeds and The Council will not permit any further burials or the erection / amendment of any memorial on a grave until an official transfer has taken place.
If the deceased grave owner made a valid will that requires a Grant of Probate, ownership can be transferred to the executors. The applicant must produce a sealed copy of the Grant of Probate and complete a Form of Assent.
If there is no valid will, but the estate is of sufficient value to need a Grant of Probate, ownership of the grave can be transferred to a personal representative of the deceased on production of a sealed copy of the Grant of Letters of Administration.
If there is no probate, or letters of administration and the deceased is known to have died intestate (without a will), ownership can be transferred to the executor by process of Statutory Declaration.
The person applying for the transfer of ownership will need to complete a Statutory Declaration application form to enable the Statutory Declaration to be written; this is a legal document produced by the Burial Ground Manager and must be signed in the presence of a Magistrate or Commissioner for Oaths. Once signed this must be submitted with a Form of Assent to transfer the grave to the new owner(s).
The Statutory Declaration will set out the facts regarding the original purchase of the Exclusive Rights of Burial, the death of the registered owner, intestate or otherwise and the relationship of the applicant to the registered owner. A death certificate may be asked for. The Statutory Declaration application will help you to collect together the information required for us to create this bespoke document.
In all cases there can be a maximum of two owners per grave. Other beneficiaries / family members must sign a Form of Renunciation to relinquish their rights to ownership.
Please note we strongly recommend that parties seek independent legal advice when dealing with a deceased estate.
