When someone dies there are many things to be done, one being to arrange the funeral. But knowing the details of where to bury the deceased can be a challenge, especially if it’s unclear as to who owns the burial plot, if indeed a burial plot has been secured prior to the deceased’s passing.
Perhaps first we should explain what the difference is between a burial plot and a grave. A burial plot is an area of land in a cemetery where the grave of a person who has died is located. Burial plots can be for individuals, couples, or even multiple people, and a burial plot is generally leased for a specific period of time, normally for up to 100 years, but this period can be extended if needed.
When you purchase a burial plot, a Deed of Grant is issued giving you the Exclusive Right of Burial in that particular plot but not ownership of the land itself.
Can I Buy a Burial Plot?
It is possible to buy a burial plot prior to a person’s death. If an individual purchases a plot they will be issued with a Deed of Grant which means they will have a right of burial in that plot. The Deed of Grant not only allows the owner to be buried in the designated plot, but they can authorise other burials in the grave plot also.
Do I Need a Permit to Install a Headstone on a Grave?
When you purchase a burial plot you will be issued with a Deed of Grant. This allows the burial plot owner to apply for a permit to place an inscribed memorial on the grave.
Can I Transfer Ownership of a Burial Plot?
A burial plot owner can transfer ownership to another person whilst they are still alive, but in order to do this, the current owner will need to sign a Deed of Assignment with the Local Authority that will allow the right of ownership to the burial plot to be transferred to the new owner.
What Happens to the Ownership of the Burial Plot After the Owner Dies?
Without a living burial plot owner, Local Authorities are unable to allow any further burials in the plot or make any changes to the memorial. Depending on the specific circumstances, the route for a transfer of the burial plot ownership following the owners death will differ;
- If the now deceased plot owner made a valid Will and the Estate requires a Grant of Probate, then it will be possible for the ownership of the burial plot to be transferred to the Executor(s) named in the Will. They can then decide who else should be buried in the plot, and authorise for any memorial to be erected or any further inscription on an existing headstone.
- If the now deceased plot owner made a valid Will but no Grant of Probate is required due to the low value of the Estate, ownership can be transferred to the Executor(s) named in the Will, normally after the signing of a Statutory Declaration to allow them to make the relevant decisions about who is buried in the plot.
- If the now deceased left no valid Will, ownership of the plot can be transferred to the deceased’s Administrator(s) under the Intestacy Rules, pursuant to the Grant of Letters of Administration. It will then ultimately be their decision as to who should be buried in the plot.
- If the deceased however did not leave a valid Will and, due to the low value of the Estate, Letters of Administration are not required, then it may be possible to transfer ownership of the plot to the deceased’s next of kin in line with the Intestacy Rules ranking for, whoever would have been the Administrator, normally after the signing of a Statutory Declaration to allow them to make the relevant decisions about who is buried in the plot.
Do People Argue Over Burial Plots?
Unfortunately, it is not uncommon for family members to end up in dispute about who owns a burial plot. This usually arises when a plot was not purchased prior to the deceased death. It can also be when a plot is dug for more than one person and someone is already buried there. It could also be because someone other than the Executor(s)/Administrator(s) organised the funeral and signed the paperwork, so they now own the plot instead of the Executor(s)/Administrator(s). This is why, if the deceased left a Will, then it should be the Executor(s) who organise the funeral and be named as the burial plot owner(s), or if the deceased did not leave a Will, their Administrators should organise the funeral and be named as the burial plot owners.
Conflict however often arises when funeral undertakers take instructions from family members who are non-Executors or Administrators and they are then named as the plot owner instead of the Executors or Administrators. This can lead to a dispute between the Executors /Administrators and family members as the plot owner will decide (if the burial plot is for more than one person) who else can be buried in the plot in the future; and if they die first, the decision then passes to their Executors/Administrators.
We have dealt with a variety of such disputes here at Thornton Jones, both in relation to ashes, and burial plot ownership, so if you have a query about anything within this blog, please do get in touch.
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☎️ Call our Wakefield office on 01924 290 029
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