This page links to all the relevant forms to help you to transfer an "Exclusive Right of Burial" Deed of Grant (ownership of a grave/grave space) into someone else's name.

Please be aware there is a fee for this service where the owner is deceased (currently £69) - there is no charge for a change of name or if the owner is still living.

Please read the notes below to help you select the form you need:

IF OWNER IS STILL ALIVE

A Form of Assignment [TEB6] should be completed if the owner wishes to transfer the rights during his/her lifetime. (The owner should understand that the transfer of their rights does mean that they lose the automatic right to be buried in the plot themselves upon their death; they should discuss this with the new owner before making the decision to transfer the rights).

IF OWNER IS DECEASED AND HAS LEFT A WILL

If the deceased owner left a will and Grant of Probate has been obtained (the document issued by the Court after the will has been proved in court) naming the Executor/s, the Executor/s should provide the Council with the original Deed of Grant and either the original or a certified copy of the Grant of Probate (bearing the Court Seal).

GRANT OF PROBATE MAY NOT BE REQUIRED IF the person who died left less than £5000 or they owned everything jointly with someone else and everything passes automatically to the surviving joint owner.

If for the above reason, Grant of Probate is not to be applied for and someone wishes to claim the Exclusive Right of Burial, a STATUTORY DECLARATION (TEB2/TEB3/TEB4) form should be completed by the claimant. This form allows the claimant to detail their relationship to the deceased. (This form may also be an acceptable temporary measure while the Probate process is taking place, dependant on circumstances). (Please note that there are a number of circumstances in which a Statutory Declaration may be required; these forms will not cover every circumstance, please contact the Assistant Clerk if this is the case).

An ASSENT FORM (TEB7) should also be completed, if the person who is named in the will to take over ownership of the Exclusive Right of Burial (as part of the estate of the deceased) is not the Executor/s. This form should be completed by the Executor/s, who should also provide the Council with the original Deed of Grant and the Death Certificate.

A FORM OF RENUNCIATION (TEB1) should be completed by all other people who would be entitled to claim the Exclusive Right of Burial but have no interest in doing so, for example if there are several siblings entitled to claim (please note that up to two owners can be named).

IF OWNER IS DECEASED AND LEFT NO WILL (died intestate)

If the deceased died intestate (without a will), the Council should be provided with the original Deed of Grant and the Grant of Letters of Administration (letters of administration are granted to a person(s) who apply to the Court to receive permission to administer the estate of the deceased). The Administrator of an estate has the same powers and responsibilities as an Executor. If the applicant for the Exclusive Right of Burial is not the Administrator then an ASSENT FORM (TEB7) is also required from the Administrator.

If the estate is of insufficient value to merit application for Letters of Administration the Council will ask for the original Deed of Grant and the Death Certificate and a STATUTORY DECLARATION (TEB2/TEB3/TEB4) form should be completed by the claimant. This form allows the claimant to detail their relationship to the deceased. (This form may also be an acceptable temporary measure while the Letters of Administration process is taking place dependant on circumstances). (Please note that there are a number of circumstances in which a Statutory Declaration may be required; these forms will not cover every circumstance, please contact the Assistant Clerk if this is the case)

A FORM OF RENUNCIATION (TEB1) should be completed by all other people who would be entitled to claim the Exclusive Right of Burial but have no interest in doing so, for example if there are several siblings entitled to claim (please note that up to two owners can be named).

Finding a Will/Grant of Probate

To find out if Grant of Probate was issued and to receive a copy of any documents, please visit the government Probate Search facility on the link below. There is a £1.50 charge to download documents.

Find a will (GOV.UK website)

Please note that any document produced for a transfer of grave ownership should show the embossed area of the seal, or be a certified copy of the original. To find out how to obtain a court sealed copy see Search probate records for documents and wills (England and Wales) (probatesearch.service.gov.uk) - 'How to obtain a court sealed copy of the will or grant' which gives advice on this process.