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Exclusive Rights of Burial

 

What is it?

When a grave is “purchased” this refers to the purchasing of the exclusive right of burial in a grave space and not the purchase of the land itself. This means that you do not own the land but have the exclusive right, during the period stated in the Grant of Exclusive Right of Burial, to say who can be buried in the grave. Also, provided that you do not, during your lifetime, transfer the right to another person and provided that the period stated in the Grant of Exclusive Right of Burial has not expired, you can also choose to be buried in the grave yourself. However, Warrington Borough Council will determine the number of burials (this includes cremated remains) permitted in the grave space.

A Grant of Exclusive Right of Burial will be issued to the grave owner. This should be kept in a safe place, it will be required should there be a further burial in the grave at some point in the future. If you wish to you can transfer those rights to another person, the documents that we will require from you are detailed below. In accordance with the Local Authorities Cemeteries Order, all grave rights are sold for a fixed period. The number of years the rights have been granted for is shown on your Grave Grant. At the end of this period you may apply to the Bereavement Services Office to extend those rights. Please advise us if you change your address. This is most important to enable us to keep our records up to date. If you wish to transfer the ownership during your lifetime you must complete a Form of Assignment and submit it to the Bereavement Services Section, together with the Grant of Exclusive Right of Burial. A blank Form of Assignment for completion by you is available from the Bereavement Services office.

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Documents required by the Bereavement Services Section to transfer the ownership when the owner dies

The following section describes the information required by the Bereavement Services Section of Warrington Borough Council to enable us to properly process applications for burials in grave spaces.

References to Wills are references to Wills recognised as valid by the laws of England and Wales.

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If the deceased owner left a will

If the deceased owner left a will stating who the Grant of Exclusive Right of Burial should be passed to and you are that person we will require:

  1. the Grant of the Exclusive Right of Burial
  2. the Grant of Probate
  3. an Assent from the Executor(s) of the Will giving the Grant of Exclusive Right of Burial to you.      

If the deceased owner left a will of insufficient value to merit application to be made for Grant of Probate and you claim the exclusive right of burial, we will require:

  1. the Grant of the Exclusive Right of Burial
  2. the Death Certificate
  3. a Statutory Declaration detailing the relationship of the person claiming the right of exclusive burial to the deceased owner.
  4. a Form of Renouncement from all other people who would be entitled to claim the Grant of Exclusive Right of Burial.     

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When there is no will

If the owner dies without leaving a will we will require:

  1. the Grant of the Exclusive Right of Burial
  2. the Grant of Letters of Administration
  3. an Assent from the Administrator(s) giving the Grant of Exclusive Right of Burial to you.      

If the estate is of insufficient value to merit application for Letters of Administration we will require:

  1. the Grant of the Exclusive Right of Burial
  2. the Death Certificate
  3. a Statutory Declaration detailing the relationship of the person claiming the rights to the registered grave owner.
  4. a Form of Renouncement from all other people that would be entitled to claim the Grant of Exclusive Right of Burial.      

Statutory Declarations must be witnessed by a Commissioner for Oaths or Magistrate.

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Contact us

This information attempts to answer the most commonly asked questions by members of the public. However, if your circumstances have not been described or you have any further questions regarding 'rights of burial', please do not hesitate to contact us;

Pen Icon Bereavement Services Section, Walton Lea Crematorium, Chester Road, Walton, Warrington, WA4 6TB. 
Telephone Icon 01925 267731, Fax Icon 01925 267732 
Email Icon bereavement-services@warrington.gov.uk

Blank copies of all the forms detailed in this leaflet may be obtained from the Bereavement Services Office at Walton Lea Crematorium. Please note, however, you should seek your own independent legal advice regarding your circumstances and completing of the forms. You are responsible for ensuring that the correct form has been completed and all details contained in it are correct. You are also responsible for ensuring that the correct position in relation to the stamp duty has been established.