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Transfer of Exclusive Rights of Burial

When a burial takes place, you will be issued with a Grant of Exclusive Rights of Burial. This does not mean you own the land however it gives the Grant owner the exclusive right, for the period stated on the Grant, to make decision in regards to the plot. Once the stated period on the grant has expired, the Grant owner can apply to extend the Grant.

In-life transfer of Grant of Exclusive Rights

 

The Grant owner/s can arrange for a transfer of the Exclusive rights whilst alive.   They will need to complete an Assignment of Right of Burial.  If there is more than one grant owner, then both will need to complete this form if there is to be a new deed owner.  The form needs to be signed by an independent witness.  In cases where there are more than one owner and they no longer wish to be named on the deed, the owner wishing to be removed from the deed can complete a Form of Renunciation, along with a Statutory Declaration to have their name removed.

 

Transfer of Grant of Exclusive Rights when owner has died

Transferring the ownership once the owner has died is slightly more complicated and may take several months to complete.

If the deceased owner left a will

If the owner left a will stating who the Grant of Exclusive Rights should be passed to, the following documents will be required from the named executor of the will:

  • The original Grant of Exclusive Rights

  • 'sealed' Grant of Probate

  • An Assent of Executor form, (if you are not the executor of the will).  If no assent form is provided then the Grant will be put in the Executors name.

If the owner left a will below the value to merit an application for Grant of Probate and you wish to claim the Grant of Exclusive Rights, we will require the following documents:

  • The original Grant of Exclusive Rights

  • An original copy of the death certificate

  • A statutory declaration stating the relations of the person wishing to take over the Grant

  • A Form of renouncement from all other people who would be entitled to claim the Grant along with a statutory declaration

     

 

If the deceased owner died without a will

If the owner dies without leaving a will the following documents will be required from the named administrator of the will:

  • The original Grant of Exclusive Rights

  • 'sealed' Grant of Letter of Administration

  • An Assent of Administrator form, (if you are not the administrator of the will).  If no assent form is provided then the Grant will be put in the Administrators name.

If the owner left a will below the value to merit an application for Letter of Administration, and you wish to claim the Grant of Exclusive Rights, we will require the following documents:

  • The original Grant of Exclusive Rights

  • An original copy of the death certificate

  • A statutory declaration stating the relations of the person wishing to take over the Grant

  • A Form of renouncement from all other people who would be entitled to claim the Grant along with a statutory declaration

 

Please note originals documentation must be provided but will be returned once checked and confirmed.

A process maps is available to assist you choose which route your need to proceed down. 

Links

 

Useful Links:

Information on Wills, probate and inheritance - https://www.gov.uk/wills-probate-inheritance

To obtain a copy of a will, Grant of Probate of Letter of Administration - https://www.gov.uk/search-will-probate

For wills before 1858 or death certificates before 1837 - https://www.nationalarchives.gov.uk/

To obtain a copy of a death certificate - https://www.gov.uk/order-copy-birth-death-marriage-certificate

Legal requirements regarding Exclusive Rights of Burial - http://www.legislation.gov.uk/ukpga/Vict/10-11/65/crossheading/exclusive-rights-of-burial

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