Grave ownership

The transfer of ownership is a legal process to determine who has the correct entitlement to a grave once the grave owner is deceased.

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.

A transfer of ownership is needed when:

• The registered owner decides to assign the grave to someone else.
• An application is made for a burial in the grave but the registered owner is deceased.
• An application to place a memorial or additional inscription on the grave is made but the registered owner is deceased.

This responsibility falls to:

• The Executors/Administrators of an estate.
• Next of kin if no certified Will or Probate is produced.

When a family dispute occurs:

• If consent is withheld by any Executor, Administrator or family member with an equal claim, the ownership will not be transferred.
• No further burials or memorials will be allowed.
• Executors, Administrators or family members with an equal claim reaching an agreement is the only way to complete a transfer.

Application to transfer grave ownership

• A transfer of ownership application form is required by law, along with submitting official documents if required.
• The transfer guidelines document gives you all the information on transferring grave ownership and helps you determine the correct form/s required for transfer.
• View our list of transfer application forms and download the ones required. Use the transfer guidelines document to determine which form you need to complete.
• To transfer the ownership of a grave, there is currently an £83 fee.