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
Deceased owner survived by
Application made by
None - transferred to spouse
Son or daughter
Transferred to spouse - then can be assigned to son or daughter
No spouse - but 4 children
All other children - irrespective of legitimacy
No spouse or children - but 3 brothers or sisters
Both other brothers or sisters