Can the exclusive right of burial be transferred to another person?
You may transfer the exclusive right of burial to another person on completion of the appropriate form provided by the Cemetery Office and the payment of the current fee.
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What happens if the grave owner has died?
The grave owner may be buried in the grave they own without a transfer of ownership of the Grant of Exclusive Right of Burial (deed), providing there is space in the grave or cremated remains plot. The grave owner’s inscription may be placed on an existing memorial but no other memorial work can be authorised until the ownership has been transferred. Once the owner has been buried no further burials can be allowed. We will write to the applicant for the grave owner’s burial immediately after the funeral inviting them to transfer the ownership. If the grave has further space it is very important that the transfer takes place at this time to prevent any delays when the grave is to be reopened. Any person(s) with an equal right, for example, siblings, must complete a statement relinquishing their rights to the exclusive right of burial before the transfer can take place.
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What is the exclusive right of burial?
When a grave is ‘purchased’ this refers to the purchasing of the exclusive right of burial in a grave space and not the purchase of the land itself. This means that you do not own the land but have the exclusive right, during the period stated in the Grant of Exclusive Right of Burial (deed), to say who can be buried in the grave and the right to place an appropriate memorial. Many people believe that if they have the grave deed in their possession or are the next of kin of the late grave owner they own the rights to the grave. There is no automatic right to the burial rights and only the person named on the deed or the person who has transferred the deed through the cemetery office is the grave owner.
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Why do I need to complete a transfer form that contains a statement that requires me to “indemnify St Albans City and District Council…. against all claims, actions, demands, losses, damages or costs…. on account of the ownership of the above grave being transferred into my name”?
The Council’s Legal Department has determined that this is the minimum requirement to protect the Council from legal action if the person requesting the transfer has given information, which is later, found to be untrue.
Many other Local Authorities require a much more onerous procedure entailing the production of a Form of Assignment (signed in the presence of a Commissioner for Oaths or Magistrate), Grant of Probate, Grant of Letters of Administration or Form of Assent.
In the absence of one of the above they will require a Statutory Declaration (signed in the presence of Commissioner for Oaths or Magistrate) to be used. We prefer a less onerous procedure but reserve the right to introduce at any time another method of transfer should it felt to be appropriate.
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Why is the statement “I understand that my name and address may be disclosed to a funeral director or memorial mason providing goods or services” also on the form?
If a funeral director or memorial mason contacts the cemetery office after they have been instructed by you or your family to provide a service this statement allows us to confirm that you are the owner of the exclusive right of burial. Under Data Protection legislation we would not be able to deal with such enquiries unless you give us this permission. Your details would not be disclosed for any other purpose unless you specifically request this.
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