Transfer of grave ownership when the owner is deceased

Without a living grave owner we are unable to conduct further burials in the grave space or make any changes to memorials. If the grave owner is deceased we will have to organise for a transfer to take place. Depending on circumstances the route of transfer differs.

Grant of probate with will

If the deceased grave owner made a valid will that requires a Grant of Probate, ownership will be transferred to the executor(s). The hologram original of Grant of Probate will need to be seen in order to proceed.

If the deceased grave owner made a valid will that was not of sufficient value for a Grant of Probate, ownership will be transferred to the executor(s) of the will. However, this will only occur after signing a Statutory Declaration that we will provide.

The executor(s) are then responsible for identifying who should be the rightful owner of the grave and can complete a Deed of Assent. This will transfer ownership to another person(s).

Letters of administration with no will

If there is no valid will, ownership of the grave can be transferred to a personal representative of the deceased detailed on the letters of administration. The representative of the deceased will need to identify the rightful owner and can then complete a Deed of Assent. This will transfer ownership to another person(s).

No will

If there is no will and no letters of administration, the transfer of ownership then falls to the next of kin of the deceased.

We will need to establish who the direct next of kin is/are so that a Statutory Declaration can be drawn up indicating who has the legal rights to ownership. This document would need to be signed in the presence of a Magistrate or Commissioner of Oaths. Some next of kin (for example, when there are many siblings) may not wish to become owners of the grave and can renounce their rights at this stage.

Should you have any questions relating to the ownership of a grave or the transfer of ownership, please email the cemeteries office.

Please note:

• we need to see original probate, letters of administration and will documents to make a transfer;
• a transfer administration fee is required;
• we cannot transfer any graves where ownership is not clear;
• as we only allow four grave owners, other beneficiaries may need to renounce their rights to ownership