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Burials and graves

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.

Examples of transfers

examples of transfers with consents needed

Deceased owner survived by

Application made by

Consents needed

Spouse

Spouse

None - transferred to spouse

Spouse

Son or daughter

Transferred to spouse - then can be assigned to son or daughter

No spouse - but 4 children

Son

All other children - irrespective of legitimacy

No spouse or children - but 3 brothers or sisters

Brother

Both other brothers or sisters

Contact information

Easthampstead Park Cemetery and Crematorium

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