Transferring the Ownership of a Burial Plot
If you own a burial plot and wish to transfer the ownership to a named person please contact the Thornhill Enquiries Office who will advise you. A fee will apply for this service.
When the owner of a grave is deceased, a transfer of ownership will need to take place so that a living owner can apply for permission to erect a headstone or to add an inscription to an existing memorial and to authorise any future burials.
How do I do this?
Our Cemetery Rules and Regulations only allow a single owner; if there is more than one executor, administrator or next of kin, we require them to assign their rights to one person only.
There will be a fee to transfer the ownership of a burial plot. We follow Best Practice as set out by the Institute of Cemetery and Crematorium Management (ICCM) in order to ensure that transfer is legal and sound.
The procedure will vary depending on the circumstances, so you will need to contact us to arrange this.
Following the interment, if the deceased leaves a Will the executor(s) will be entitled to become the grave owner or to assign the ownership to a more appropriate person, normally the nearest surviving next of kin.
The executor(s) will usually need to apply for a Grant of Probate. Once this is granted, we will need to see an original Grant of Probate (not a photocopy) or a certified office copy.
You can find out whether Probate was sought on the government probate website.
If the deceased leaves a Will but their estate is small enough that the executors are not obliged to seek a Grant of Probate, we will transfer the ownership by drawing up a Statutory Declaration that will
- state that the executor(s) of the Will are entitled to the ownership
- name the executor(s) who is (are) renouncing their rights, if appropriate
The proposed owner will
- take the Statutory Declaration to a Commissioner of Oaths, together with any Renunciation of Rights signed by the other executor(s)
- swear that they are the rightful owner
- ensure the Declaration is witnessed by a Commissioner of Oaths who will sign it and place their official stamp on the document
Once that is returned to us, we will complete the transfer. If the Executor(s) do or do not want to be the owner, the Declaration can be drawn up to allow them to assign their rights to a person of their choosing.
If the deceased has made no Will the family may need to apply for Letters of Administration. This means that the Court will appoint someone, usually the next of kin, to be responsible for administering the estate. As in the case of an executor, they will be entitled to become the grave owner or to assign the ownership to an appropriate person. In this case we will need to see the Letters of Administration.
You can find out whether Letters of Administration were sought on the government probate website.
If the deceased does not leave a Will and the family is not required to apply for Letters of Administration, we will transfer the ownership by drawing up a Statutory Declaration that will:
- state that the nearest surviving next of kin are entitled to the ownership,
- name anyone who is renouncing their rights, if appropriate.
The proposed owner will:
- take the Statutory Declaration to a Commissioner of Oaths, together with renunciation of rights signed by any other nearest surviving next of kin named on the Declaration,
- swear that they are the rightful owner,
- ensure the Declaration is witnessed by a Commissioner of Oaths who will sign it and place their official stamp on the document.
Once that is returned to us, we will complete the transfer.