What are burial rights?
When you purchase a grave, a Deed of Grant is issued, giving you the Exclusive Right of burial in that particular space, not ownership of the land itself. This means that you own the right to say who can be buried in the grave space.
All grave rights are for a fixed period and cannot be sold for more than 100 years at any one time. However, we will offer you the option to extend the lease so that it is always in the control of you or someone you transfer the ownership to.
If a grave is jointly owned and one of the owners dies, ownership will remain with the other named owner.
What does ownership of the grave mean?
As a registered owner of a grave or cremation plot, you have the right to:
- Be buried in the grave/plot if space is available and the right of burial has not expired (this includes cremated remains).
- Authorise a burial/further burials or the scattering of cremated remains in the grave where space is available.
- Apply for a permit to erect a memorial on the grave or add further inscriptions to an existing memorial.
- Pass the grave on to someone else, or give it up completely if unused.
The Council determines how many burials (including cremated remains) are permitted in the grave space, not the grave owner.
You are also responsible for ensuring the memorial is in a safe condition and paying for any repairs required (see headstones)
What happens when the lease expires?
At the end of the lease period, you should be given the option of renewing the burial rights for a further period.
If the lease is not renewed, the headstone will be removed and can be collected by the owner. Existing burials in the grave/plot are not removed or disturbed, but the remaining space in the grave may be resold.
Please let us know if you change your address; otherwise, you may not receive a notice of renewal at the appropriate time. Cemetery staff can lawfully remove any memorial after giving you a set period of notice to remove it yourself.
How do I transfer ownership of a grave?
Transferring the rights to a grave from the registered owner to another person is known as the assignment of rights of burial.
To do this you will need to contact the office; we will then assist you with the process and provide you with all the information required. A fee applies and will vary depending on cicumstances.
In the following circumstances, a transfer of the Ownership of the Exclusive Right of Burial for a plot will be required:
- If the person transferring is living, they can choose whose name(s) is put on the deed
- When an application is made for a burial in the grave, but the Registered Owner is deceased
- When an application is made for a memorial to be erected on the grave, but the Registered Owner is deceased
- When the existing memorial is to be changed, but the Registered Owner is deceased
- When the Registered Owner has died, and a new Owner would like to be registered
1) Living owner transfer
A grave owner can transfer ownership during their lifetime to another person using the form Assignment of the Exclusive Rights form
2) Grave owner leaves a Will requiring a Grant of Probate
If the grave owner made a valid Will and left an estate of sufficient value to require Grant of Probate, ownership of the grave is to be transferred to the Executor. To be legally acceptable, we must have sight of the ‘sealed’ grant bearing the embossed Seal of Court. The form required for this type of transfer is the Application to transfer the Exclusive Right of Burial via Probate, Will or Letters of Administration form
3) Grave owner leaves a Will that does NOT require Grant of Probate
If the grave owner made a valid Will but did not leave an estate of sufficient value requiring Grant of Probate, ownership of the grave is to be transferred to the Executor. To be legally acceptable, we must have sight of a copy of the Will showing the name of the Executor. The form required for this type of transfer is the Application to transfer the Exclusive Right of Burial via Probate, Will or Letters of Administration form
4) Grave owner does not leave a Will but Grant of Letters of Administration was obtained
If the grave owner did not leave a valid Will but a Grant of Letters was obtained, ownership of the grave is then to be transferred to the Administrator. To be legally acceptable, we must have sight of the ‘sealed’ letters bearing the embossed Seal of Court.
For above cases, it is the responsibility of the Executor of the deceased to identify the rightful owner and complete the transfer using the form Assent of Executor or Administrator form if they do not wish to take over the ownership of the grave. If no Assent is provided, we will automatically transfer the rights to the Executor. We must take instruction from the Executor and not any beneficiaries that may be named in the will.
5) Grave owner does not leave a Will and a Grant of Letters of administration was not obtained
If there are no Executors, or Letters of Administration, the deceased is known to have died intestate. The person applying for the Transfer of Ownership will need to complete a Statutory Declaration. This is a legal document produced by the Cemeteries Office and must be signed in the presence of a Magistrate or Commissioner for Oaths (usually a service offered by a solicitor).
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.
A Grave Renunciation form may be used (together with a Statutory Declaration if required) when the grave is being claimed by more than one person ie the deceased may have three children and next of kin, and one or more of those children wishes to relinquish their rights to ownership.
Please note we strongly recommend that parties seek independent legal advice when dealing with a deceased estate.
Family Disputes
The Council cannot and will not become involved where there is a family dispute over any ownership or where there is a stalemate and relevant consents are withheld. The various next of kin should endeavour to reach some form of agreement between themselves or, if that fails, seek independent legal advice. Until such problems are resolved, the Council will not register any transfer of ownership of the Grave Deed.
Please click here to download the Burial-Process-Flow-Chart
Any completed forms should be sent to:
Dinas Powys Community Council
Parish Hall
Britway Rd
Dinas Powys
CF64 4AF