Can I transfer the Exclusive Right to someone else?
Yes. A living owner can change ownership by completing the form of
Assignment of Rights of Burial
What happens when the owner dies?
When the last remaining owner is deceased a transfer must take place, via their estate, before any further burial, erection of a memorial or amendment of a memorial may take place. There are several different ways in which a transfer may be accomplished, depending upon how the estate of the deceased owner is being, or has been, handled:
If the deceased owner left a will AND a Grant of Probate has been obtained
If a grave owner has made a valid will and left an estate of sufficient value to require a Grant of Probate, ownership of the grave will be transferred to the Executor/s. The Executor/s will need to provide us with a sealed copy Grant of Probate (NOT a photocopy) and, if possible, the original Deed of Grant of Exclusive Right of Burial.
If an Executor does not wish to retain the Right they can then transfer it to whomever they choose using a
Form of Assent
If the deceased owner left a will but NO Grant of Probate has been obtained
If a grave owner has made a valid will but the estate is not of
sufficient value to require a Grant of Probate then ownership will be
transferred to the Executor/s named in the will by way of a
Statutory Declaration.
The Executor/s will need to complete a Statutory Declaration which they
will need to take and sign it in the presence of a Magistrate or
Commissioner of Oaths. Many local solicitors are Commissioners of Oaths
and will provide this service for a small fee. Once the declaration is
signed the Executor/s will need to provide Windlesham Parish Council
with the signed Statutory Declaration, the will and any codicils.
If the deceased owner did leave a will BUT the Executor named in the Will is not applying for a Grant of
Probate.
This could be because they do not want to act as Executor, are no
longer capable of doing so, or perhaps they have already passed away.
Where this is the case, it is common for one of the main beneficiaries
in the Will to apply for Grant of Letters of Administration instead.
If an Administrator does not wish to retain the Right they can then transfer it to whomever they choose using a
Form of Assent.
If the deceased owner did NOT leave a will BUT a Grant of Letters of Administration was obtained
If a grave owner did not leave a valid will but left an estate of sufficient value to require a Grant of Letters of Administration, ownership of the grave will be transferred to the Administrator/s. The Administrator/s will need to provide us with a sealed copy Grant of Letters of Administration and, if possible, the original Deed of Grant of Exclusive Right of Burial.
If an Administrator does not wish to retain the Right they can then transfer it to whomever they choose using a
Form of Assent.
If the deceased owner did NOT leave a will and a Grant of Letters of Administration was NOT obtained
If a grave owner did not leave a valid will and left an estate of insufficient value to require a Grant of Letters of Administration the ownership will be transferred to the lawful next of kin by way of a
Statutory Declaration. Please note that in some cases it may be necessary for next of kin to complete a
Form of Renunciation. This document will need to be signed in the presence of a Magistrate or Commissioner of Oaths. Many local solicitors are Commissioners of Oaths and will provide this service for a small fee.