Exclusive Right of Burial
When you buy a grave within Hounslow cemeteries, what you are buying is the Exclusive Right of Burial for a specific period of 60 years. You are not buying the grave freehold; it is more like purchasing a lease.
No burial may take place in the grave and no memorial may be placed on the grave without the written permission of the grave owner during the period of the Exclusive Rights.
Deed of Grant
The council’s records contain the details of the registered grave owners. However, it is important that the grave owners keep their Deed of Grant somewhere safe. We issue the Deed of Grant when the grave is first purchased. Possession of the Deed does not in itself signify ownership of the Exclusive Rights.
Transfer and surrender of grave ownership
Ownership can be transferred either during the owner’s lifetime or after their death. There is a fee chargeable for a transfer of ownership. Please refer to our current fees and charges for further details.
The grave owner can assign the Exclusive Rights of Burial, during their lifetime, to another individual. The owner should fill in an assignment form.
If the grave has not been used for burial the owner can surrender the Exclusive Rights of Burial. The owner should fill in a renunciation form. The surrender value is the original purchase price as specified on the Deed of Grant. Please contact us for guidance about surrendering rights.
The procedure for establishing grave ownership when the original owner has died, depends upon whether there is a will. If there is a family dispute solicitor may need to resolve this.
When the Transfer of the Exclusive Right of Burial has skipped a generation, and it is unknown whether the deceased grave owner left a Will or if Letters of Administration were issued, you can use GOV.UK - Finding a person's will. To answer this question. The person concerned can then purchase a copy to aid the transfer.
Transfer where there is a valid 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.
The person applying must produce a sealed copy of the grant of probate. They must also fill in the transfer - grant of probate form.
If the estate is not of sufficient value, ownership may be transferred to the executor named in the will by Statutory Declaration and the production of the will.
It is the executor’s responsibility to identify the correct person for the transfer of ownership. They must fill in the assent form to agree to the transfer.
Transfer where there is no valid will
If there is no Will, or the Will was not valid, but there is an Estate sufficient to require a Grant of Letters of Administration, ownership can be Transferred for the remaining years on the Deed to the personal representative of the deceased on production of the original sealed / endorsed Grant of Letters of Administration.
Applicants will also need to complete an Assent Form to clarify and/ or elect the proposed new Holder(s).
Transfer where there are no Executors or Letters of Administration
If there are no Executors or Letters of Administration have not been granted, the rules of intestacy apply as laid down in the Administration of Estate Act 1925.
The person applying for transfer of ownership should complete a Statutory Declaration. Statutory Declarations are legal documents and must be signed in the presence of a Magistrate or Commissioner for Oaths.
The Statutory Declaration should clearly set out the facts about:
- the original purchase of the Exclusive Rights of Burial
- the death of the registered owner
- intestate or otherwise
- the relationship of the person applying to the registered owner
The original Deed of Grant and a certified copy of the owner’s death certificate should accompany the Declaration. Where the Deed has been lost, suitable wording should be incorporated within the declaration to the effect.
It is essential that the written agreement of all the next of kin of the deceased owner to the transfer of ownership are obtained and attached to the Declaration
