Transfer of ownership

In the following circumstances, a transfer of the Ownership of the Exclusive Right of Burial for a plot will be required:

• If the person transferring is living, they can choose whose name is put on the deed
• When an application is made for a burial in the grave, but the Registered Owner is deceased
• When an application is made for a memorial to be erected on the grave, but the Registered Owner is deceased
• When the existing memorial is to be changed, but the Registered Owner is deceased
• When the Registered Owner has died, and a new Owner would like to be registered

Living owner transfer

A grave owner can transfer ownership during their lifetime to another person using the form below.

If the grave owner has passed away, the procedure followed depends on whether the owner left a will:

Grave owner leaves a Will requiring a Grant of Probate

If the grave owner made a valid Will and left an estate of sufficient value to require Grant of Probate, ownership of the grave is to be transferred to the Executor. To be legally acceptable, we must have sight of the 'sealed' grant bearing the embossed Seal of Court. The form required for this type of transfer is shown below.

Grave owner leaves a Will that does NOT require Grant of Probate

If the grave owner made a valid Will but did not leave an estate of sufficient value requiring Grant of Probate, ownership of the grave is to be transferred to the Executor. To be legally acceptable, we must have sight of a copy of the Will showing the name of the Executor. We will then prepare a Statutory Declaration based on the will, the person making the declaration will be asked to sign it in the presence of a Magistrate or Commissioner for Oaths (usually a service offered by a solicitor). No additional forms are required for this type of transfer.

Grave owner does not leave a Will but Grant of Letters of Administration was obtained

If the grave owner did not leave a valid Will but a Grant of Letters was obtained, ownership of the grave is then to be transferred to the Administrator. To be legally acceptable, we must have sight of the 'sealed' letters bearing the embossed Seal of Court.

For above cases, it is the responsibility of the Executor of the deceased to identify the rightful owner and complete the transfer using the form below if they do not wish to take over the ownership of the grave. If no Assent is provided, we will automatically transfer the rights to the Executor. We must take instruction from the Executor and not any beneficiaries that may be named in the will.

Grave owner does not leave a Will and a Grant of Letters of administration was not obtained

If there are no Executors, or Letters of Administration, the deceased is known to have died intestate. The person applying for the Transfer of Ownership will need to complete a Statutory Declaration. This is a legal document produced by the Cemeteries Office and must be signed in the presence of a Magistrate or Commissioner for Oaths (usually a service offered by a solicitor).

The Statutory Declaration will set out the facts regarding the original purchase of the Exclusive Rights of Burial, the death of the registered owner, intestate or otherwise and the relationship of the applicant to the registered owner. A death certificate may be asked for.

A Grave Renunciation form is also required to be completed together with the Statutory Declaration when the deceased grave owner had more than one next of kin or children. Only one person can take ownership of the Grant of Deed.