Grave Ownership

As of 1st April 1992, the purchase of an Exclusive Right of Burial (Grant of Right) became obligatory with the National Assistance Burials and those paid to the Department of Social Security.

Following a burial in Anns Hill Cemetery you will receive a 'Grant of Right', this document will be issued because you have either bought, organised or paid for an interment in the cemetery.

As the owner (grant holder) of the grave space you have the exclusive right of burial within the grave and would be:

• Required to sign any interment form to authorise the opening of a grave for any further interments

• Required to sign any memorial application form to erect a memorial upon the grave or to include an additional inscription

• The Cemetery Offices point of contact should we need to discuss any matters relating to the grave

A common misconception by people is that in purchasing an Exclusive Right of Burial, is that the land space occupied by the grave has been purchased.  This is not the case, it is the purchase of an Exclusive Right of Burial into a grave space (the right to be buried in that grave).

Opening a Grave

Only the registered grant holder can authorise a burial, unless the burial is to be that of the registered grant holder themselves.

Transferring Grave Ownership

Ownership of the right of burial can only be transferred on the authority of the registered owner by use of a Form of Assignment. 

If the grant holder is deceased the grant must be transferred in a lawful manner to the person or persons legally entitled and can be transferred by use of either of the following legal documents;

• Grant of Probate - Grant of probate is granted to executor(s) of a last Will and testament once documents has been proven in court. To be legally acceptable the cemetery office will require sight of a "Sealed" Grant of probate i.e. it must bear the embossed seal of the Court.

• Grant of letters of Administration - When a person dies intestate then the next of kin can apply to the Courts to be made Administrators of the estate. An administrator receives the same powers to administer the estate of the deceased as an executor.

The difference between the two - Grant of Probate is awarded to the person(s) named by the deceased during their lifetime and Grant of Letters of Administration are appointed by the Courts in the absence of any instruction having been left by the deceased. 

In the absence of either of the above legal documents the grant may be transferred making use of a Statutory Declaration which is prepared and written by the cemetery office and sworn by the person(s) claiming entitlement to the Grant of Right before a solicitor / commissioner of oaths. - the statutory declaration is used to confirm the results of investigations when no official documents have been issued, statutory declarations can be based either on

• A Will that did not go to Probate claiming ownership by the executor,

or

• by the next of kin if no Will was left by the deceased

There is a fee for grant transfers of £110.00

To discuss matters relating to grave ownership or transfer of ownership  please contact the Cemetery Office on 02392 545423 or email streetscene.cemetery@gosport.gov.uk