Huncote Cemetery - Definitions of terms

The Registered Owner of the Deed of Exclusive Right of Burial has the automatic right to be buried in the grave; they may also allow others to be buried in the grave (space permitting). They do not, however, own the land itself. The ownership of the cemetery land remains with the Council.

The Deed of Exclusive Right of Burial is issued for a set period. From the 1940s this was for a period of 50 years. The Deed will state when it was issued and for how long.

A Registered Owner can apply to the Clerk at any time to extend the Deed, up to 50 years can be held at any one time.

Click on the links below to download the application form to Extend Grave Rights or view our cemetery fees.

Once the Rights have expired, the ownership reverts to the Council. No further burials can take place until the grave is purchased again. The law allows the disturbance of human remains after 75 years from the date of the last full burial in the grave.

Many people believe that, if they possess the Deed (Grant) document itself, this means they are the Grave Owner. The owner is the person named on the Deed, or registered with the Cemeteries Office as Owner following a transfer.

If the Registered Owner has died, or the living owner would like to assign the Rights to someone else, they can complete the Exclusive Right of Burial assigned by a living owner form or contact the Parish Council for information on transferring grave ownership.

In the following circumstances, a transfer of the Ownership of the Exclusive Right of Burial will be required:

• When an application is made for a burial in the grave but the Registered Owner is already dead.
• When an application is made for a memorial to be erected on the grave, but the Registered Owner is dead.
• When the existing memorial is to be changed, but the Registered Owner is dead.
• When the Registered Owner has died, and a new Owner would like to be registered.

Where the original owner has died, the transfer will depend upon whether there is a Will. If the deceased grave owner has made a valid Will and left an estate of sufficient value to require the Grant of Probate to Executors, ownership of the grave can be transferred to the Executor on production of a sealed copy of the Grant of Probate.

If the estate is not of sufficient value, ownership may be transferred to the Executor named in the Will on production of a sealed copy of that Will. It is then the Executor's responsibility to identify the correct person who should take ownership of the grave, if it is not required by the Executor.

If there is no Will, or the Will is not valid, and the estate is of insufficient value as to require a grant of Letters of Administration, ownership of the grave can be transferred to the personal representative of the deceased. If Letters of Administration were granted, these must be produced for a transfer to take place.

You can get a copy of a Will, Grant of Probate or Letters of Administration from:

• National Archives at Kew
• The Probate Service

The Cemetery Office will help you throughout the process of the transfer. Full information regarding the personal circumstances of each case must be provided. The original grave Deed and a certified copy of the owner's death certificate will also be required (if s/he is not buried in the grave).

You will need to know the full names, date and place of death. If this is not known, the National Archives at Kew have an index of deaths from 1837 to the present day.

For copies of a death certificate, you can ask the Register Office where the death took place if it occurred in the last 18 months.

• The General Register Office (GRO)

Further useful information can be found on GOV.UK.

During their lifetime, the Registered Owner can also apply, at any time, to transfer the grave to someone else. Please see table of fees for appropriate current fee or contact us for assistance.

A Registered Owner also has the right to apply to erect and make changes to a memorial. Once the memorial application has been approved, the Registered Owner is responsible for keeping the memorial in a safe condition. If it is found to be dangerous, and the Registered Owner does not make it safe, the Council can do so, and then recover costs from the Registered Owner.

Sometimes nearby graves may need to be reopened and your memorial may need to be moved. To avoid delays to funerals, prior notice is not always possible. There are several reasons for moving memorials they are:

• To gain access.
• To protect the memorial from damage.
• To protect cemetery operatives from danger.

It is very important that you let the Cemeteries Office know if there is any future change of name or address.