Transfer of ownership

There will come a time when the ownership of the exclusive right of burial needs to be transferred. 

To help identify a correct and lawful path to a successful transfer you can view our transfer of grave ownership - flow chart [pdf] 517KB.

There are several ways a transfer can be undertaken:

From a living owner

A living owner may transfer the grave to any person and can do so by completing the form of assignment [pdf] 96KB .
We will require proof of identity and address for both the current and proposed owners.

We only allow up to 3 owners at any one time.

To the executors of the estate named in the will

When the owner dies and they leave an estate of enough value together with a will then the ownership of the grave shall transfer to the executors of the estate named in that will.

We will need to see the original court sealed ‘grant of probate’ and a completed application for the transfer of ownership - grant of probate [pdf] 96KB.

If the will specified beneficiaries then the executor is responsible for passing the ownership of the exclusive right of burial to the required people. To do so requires the completion of the form of assent [pdf] 101KB.

To the next of kin when there is no will

When someone dies and they leave an estate of enough value but there is no will then the next of kin can apply to the courts to become the administrator of the estate. In doing so the next of kin will receive a ‘letter of administration’ from the court.

We will need to see the court sealed original and the application for the transfer of ownership - letters of administration [pdf] 96KB must be completed.

The administrator is responsible for passing the ownership of the exclusive right of burial to the required person(s). To do so requires the completion of the form of assent [pdf] 101KB .

In this situation all children of the deceased are equal owners to the burial rights.

With an estate of insufficient value

When someone dies and they leave an estate of insufficient value for either grant of probate or letters of administration to be obtained then the transfer of ownership must be undertaken by making a statutory declaration [pdf] 99KB .

This will need to be signed in the presence of a magistrate or Commissioner of Oaths.

Where a will is available then the ownership is transferred to the executor by completing a statutory declaration [pdf] 99KB . The executor is then responsible for transferring the grave to the required person and is required to do so by using the form of assent pdf] 155KB.

In these instances we will need to see the original or a certified copy of the will.

To change the ownership from a number of persons to one person

Where a number of persons have a right to ownership, but wish to vest the ownership in one person (or other variation) a form of renunciation [pdf] 110KB must be completed together with a statutory declaration [pdf] 99KB.