Only one person can own a grave, they cannot be in joint ownership.
The owner is the lease or deed holder of a grave, cremated remains plot or sanctum.
How to transfer ownership
Check that the deed is available.
Check the next of kin of the deceased.
Download the appropriate form and fill it in.
Find a will
You may not know if the deceased left a will or if a letter of administration was issued. This often happens when a transfer of an exclusive right of burial has skipped a generation.
Use Find a will or probate .
You can then purchase a copy to aid the transfer.
When no will was left and letters of administration were not issued, the lawful next of kin of the deceased grave owner needs to be identified.
Who inherits if someone dies without a will? helps identify those who are entitled and hence enable a lawful transfer.
There is no fee to pay the council.
There may be a fee to a solicitor, Commissioner for Oaths or a Justice of the Peace for a declaration.
How to transfer ownership of a grave
Fill in the relevant form and send it to the Cemeteries Office.
Clock Completing these forms takes around 10 minutes.
Paperclip You must have:
- the cemetery
- grave section and number
- name of current owner
You may also need the deed of ownership.
If the owner is still alive they must complete an assignment form and send it with the original deed.Download assignment form
If the owner has died and left a will, transfer can take place according to their wishes. You need to complete a statutory declaration and send it with the original deed if available.
If the owner has died and not left a will, then all persons with a claim will need to complete a statutory declaration and send it with the original deed if available.
If the deed is lost you need to complete a statutory declaration.Download statutory declaration
After you've requested the transfer
Once we receive the paperwork:
- we make the necessary amendments to our records and the deed
- we return the original deed to the new registered owner.
If the deed is missing:
- we record it as missing and confirm by letter, to the new owner that the deed is lost
- we don't issue a duplicate deed.