Written permission from the owner of the Exclusive Right of Burial (the plot) must always be obtained before Henfield Parish Council can allow an interment to take place, or for us to grant permission for a memorial or additional inscription. This is usually done by asking the owner/owners to sign the interment form, or memorial permit form. This applies to both full burial plots and the cremated remains area.
* By Article 10 (6) of the Local Authorities Cemeteries Order 1977, no body must be buried, or cremated remains interred or scattered, in or over any grave or vault in which an exclusive right of burial for the time being subsists except by, or with the consent in writing of, the owner of the right.
If the owner of the plot is still alive and wishes to transfer the ownership to someone else, or add an additional owner (up to two owners is permitted) this can be done following completion of a Form of Assignment. This form will need to be witnessed.
The owner of an Exclusive Right of Burial legally has a right to be interred in the plot that they own, so this does not cause a problem if the owner passes away and is to be interred in that plot. In these situations the interment form can be signed by a next of kin or joint owner if there is one. However the ownership of the plot will need to be transferred before any permission can be granted for a memorial or additional inscription, or for any future interments to take place in that same plot.
If the owner of the Exclusive Right of Burial is deceased, the process needed for transfer will depend on whether the previous owner left a will as the Exclusive Right of Burial becomes part of that persons estate.
Where the deceased owner left a will and his/her estate was subject to probate, the persons named as the executors to the will are the persons legally entitled to the ownership of the Exclusive Right of Burial. To be legally acceptable, sight of a 'sealed' grant (it MUST bear the embossed seal of Court) must be provided. Copies will be taken by the Parish Office for our records. Sight of the will is not sufficient.
Where the deceased owner left a will but the estate was not subject to probate, a transfer can be completed following sight of the will and completion of a Statutory Declaration. The Statutory Declaration needs to be made before a Magistrate or Commissioner for Oaths.
Where the deceased owner did not leave a will, the next of kin can apply to the Courts to be made Administrator of the estate. An Administrator receives the same powers to administer the estate of the deceased as an Executor. The Parish Council will require sight of the Letters of Administration in order to transfer the ownership, copies will be taken for our records. If Letters of Administration are not applied for, a Statutory Declaration will need to be completed. The Statutory Declaration needs to be made before a Magistrate or Commissioner for Oaths.
In any of these situations where the owner is deceased, ownership can be further transferred from the Executor or Administrator to a rightful owner if required. This requires a Form of Assent to be completed. This will need to be witnessed.
Once the transfer process has been completed the new owner will receive a new Exclusive Right of Burial document, issued for the remaining number of years from the original deed. The term can be extend on request for a maximum of a further 50 years.
For a schedule of fees please see the Cemetery Regulations and Fees page.
Please contact the Parish Office if you have any questions or require any of the forms mentioned above.
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