The owners of a grave can determine who will be buried the grave and allow for memorial works to take place.
Burials or memorial work cannot take place without permission from all grave owners, unless the person being buried is one of the owners.
In the case that there are no living owners a transfer of ownership must take place to ensure that there is someone who can sign and give permission.
You can also change ownership to keep a grave in the family name, and for future stone renovations.
There are two ways to transfer ownership depending on your circumstances.
Transfer by Grant of Probate or Letters of Administration
Where the deceased owner leaves a will or an estate of a certain amount either a grant of probate or letters of administration will be issued.
The person named as executor(s) on either document will have the right to take over the ownership of the grave or to assent this to another person.
The step by step guide below explains how to transfer by probate or LOA.
- Form to come - please contact us if you need a form.
- The proposed new owner(s) to complete page one of the form
- If the proposed new owner(s) are not executors, the executor(s) will need to complete page two.
- Get a witness to sign the form who is known to you but preferably not related.
- Send the original form back to the cemetery office at North Sheen Cemetery, Lower Richmond Road, Richmond, Surrey TW9 4LL, together with an original copy of the Grant of Probate and a cheque for £124 payable to LBHF. Alternatively, please call the cemetery office on 020 8878 1934 to make a payment by card.
Once we have received the original paperwork and payment we will send a letter of confirmation, stating the new owners and that the transfer has been actioned.
Transfer by Statutory Declaration
Where there is no Grant of Probate, and the deceased's estate is of insufficient value to apply for Letters of Administration then the next of kin(s) have the right to take over the grave or can renounce their rights.In the case that there is more than one sibling, each have equal rights to the grave ownership.
Once we have established who the rightful owner(s) should be, we will write a statutory declaration that will need to be signed in the presence of a solicitor or commissioner of oaths.
In the case that there is more than one sibling, each have equal rights to the grave and will need to decide who will take over the grave ownership and who will renounce their rights to the grave.
A statutory declaration form must be signed in the presence of a solicitor or commissioner of oaths for the form to be legal.
Transfer from living owner to living owner (Deed of gift)
Where a living owner no longer wishes to hold ownership of a grave this can be transferred to another owner of their choosing.
A statutory declaration form must be signed in the presence of a solicitor or commissioner of oaths for the form to be legal.
Adding an additional owner
The owner of a grave may decide to add an additional owner for several reasons, including adding someone younger to ensure there is always a grave owner, to allow burial for that person should the original owner die.We allow a maximum of two owners per grave.
A statutory declaration form must be signed in the presence of a solicitor or commissioner of oaths for the form to be legal.