Guidance on Ownership of the Exclusive Right of Burial

Please read this information before purchasing a grave

Before purchasing a grave, your funeral director will explain your choices so you can make the right decision for you and your loved ones. It is important to determine who should be the owner of the grave, as this will have implications in the future. Certain decisions need to be made at the time of purchasing the grave. This can be a very stressful and upsetting time, but it is important that you take the time to make sure you make the right choices.

When purchasing the grave at the time of arranging the first burial, please consider the following:

How deep should the grave be prepared for? Most of our cemeteries can accommodate a grave which has the capacity to have four full coffin burials, (interred one on top of the other, with earth between each burial. Previous burials will not be disturbed in any way when re-opening the grave for a later burial).

PLEASE NOTE: Neighbouring graves cannot be reserved for future use, so by requesting that the grave is prepared for more than one interment before the first burial, it enables loved ones to be buried together in a single grave space.

Should I choose a lawn grave (headstone only permitted) or a traditional grave (full memorial with kerb sets permitted). Not all cemeteries have both options.
Who should be the owner of the grave? Please read the information relating to this below before making this decision.

The legal registered owner is the only person entitled to apply for a burial or a memorial for a grave. If there is more than one legal registered owner, all grantees must act together to exercise their rights regarding any actions related to this grave, and all must sign every document. The exception to this is when one of the grave owners is being buried.

Pros and Cons of ‘single’ ownership

Pros:

Only one owner is required to complete papers for burial or memorial application
The owner automatically has the right to be buried in the grave (space permitting)
After the owner‘s death, the ownership can be transferred via the estate of the deceased owner
Administration can be easier because of single ownership

Cons:

If a couple purchase a grave with the intention for them both to be buried there, if the sole owner dies first, the grave will need to go through a transfer for the surviving spouse to be buried there in the future.
Child graves - Who should be the owner of a child grave? If the parent/s are owner/s and they part ways, any actions related to the grave may be challenging to complete.
If the sole owner lacks capacity to make decisions on any actions relating to the grave, it cannot be transferred if it is not deemed in their best interest to do so. Therefore, the grave can only be used for their own future burial until a transfer of ownership takes place after their death.

Pros and Cons of ‘multiple ownership’

Pros:

If a couple purchase a grave for both of their future burials, and both are registered owner, there will no need for a transfer to take place until after the second partner is buried.
Child graves – if for example, both parents are the registered owner’s they both have equal rights to the grave, although they must agree any actions together and both sign any applications.
When a Grant of Probate or Letters of Administration names more than one executor, the grave can be registered in all the executor’s names. Any executor who wishes to can relinquish their rights to the grave.

Cons:

All owners must sign to authorise the grave to be opened, with the exception in the event of the burial of one of the registered owners.

Transfer of Ownership of the Exclusive Right of Burial Grave

Transfers of Ownership of the Exclusive Right of Burial incur a fee.

If the current owner of the grave dies, the grave can be transferred via the estate of the owner, using the route that is applicable to the circumstances of the estate.

If the current registered owner of the grave is alive (and has capacity to decide), a transfer of ownership of the Exclusive Right of Burial to one or more owners is straightforward. If the owner wishes to ensure that their right to be buried in the grave is not compromised (space permitting), they owner can retain their ownership and add a second person to be a co-owner.

More detailed information regarding transfer of ownership

Further information is available from the Cemeteries Office by emailing cemeteries@hounslow.gov.uk or you can call us on 0208 583 2090.