Vale Memorials

Whose Memorial is it anyway?

For anyone having to deal with bereavement the legal ownership of an existing memorial will, understandably, be the last thing of concern. And it is for that reason I want to address the issue here in the hope that a general reader would become aware of the issue and know where to go for advice should the need arise.

Where the owner of the grave is still alive things are relatively straightforward. The owner of the grave can ask the burial authority to provide a form of assignment in order to transfer ownership of the grave. I would suggest that this is a good idea for anyone who knows, having purchased a grave and memorial for a spouse, that they are to be interred in the grave. Transferring the ownership of the memorial to one or more close relatives would avoid the need for reassigning ownership or a statutory declaration when the grave is re-opened for the grave owner to be interred.

In many instances next of kin find that when attempting to add an additional inscription or replace an existing family memorial that the grave, and therefore the memorial, is still in the ownership of the person who has died. You may be forgiven for assuming that it is the next of kin who have the legal right to ownership of the grave and memorial, but in fact the legal owner is the person sited as executor of the will or the administrator if letters of administration have been obtained. In some cases this may not be a family member. People find it difficult to understand how this could be, however it does make sense as a large family could have several, for example, sons and daughters all possibly claiming the right of ownership of the memorial. Remember it is the duty of the executor to ensure rightful ownership is transferred to the grave owner once it has been established.

If the deceased is the grave owner it is important to remember that this will not affect the funeral arrangements only the work carried out on the memorial, however neither burial of remains or memorial work can proceed until grave ownership is established.

If the deceased has died recently then it should be relatively easy to establish who has the right of ownership, but this does become much more difficult as time passes.

If a will has not been written or there are technical or legal concerns to be addressed with regard to the will, then the issue is settled in probate and this could take a considerable time to resolve. Probate is a fairly common occurrence, when my grandfather passed away some years ago his will went into probate because he signed the document using Jim when his full name was James.

In any event legal ownership must be conferred on one or more individuals via a statutory declaration. In addition to the form you may also need to produce certain documentation which demonstrate proof of identity.  The form will need to be witnessed by a solicitor or J.P. and this will often involve a fee, the burial authority may also charge an administration fee.

Below I have reproduced a sample statutory declaration form but ideally you should contact your local authority and follow their particular procedures.

Whilst doing the research for this blog entry I came across several slightly different approaches to this procedure, so it really is vital to take advice locally from your burial authority.

The burial authority, when dealing with these matters, are not merely placing obstacles in your way; these measures are best practice and are there to prevent unauthorized interments or additional inscriptions, and despite the appearance of unnecessary bureaucracy it is in fact a service to the community.

If your cemetery is a town or parish run site or perhaps a chapel or church cemetery, the requirements of the burial authority may vary widely. In any event it is important that the law is followed so as to avoid any possible disputes.

In closing I want to thank those who have taken the time to explain the law and the different procedures to me, I feel as though I have learnt a great deal and I am very grateful for their time and patience. If there are any mistakes or omissions in this article I can only apologize and ask again that you always check with your local authority and comply with their procedures in full.

STATUTORY DECLARATION

DETAILS OF THE GRAVE

Cemetery____________________Section _____________________Plot No.___________

Grave Owner_____________________________________Purchased on______________

Who died on _______________at_____________________________________________

I __________________________ of __________________________________________

Do solemnly and sincerely declare as follows;

(A) The grave deed cannot be produced because: _____________________________

________________________________________________________________________

(B) I wish to be registered as the new owner of the grave and

1. I hereby declare that I am entitled to be named as the successor in title of the

registered grave owner for the following reason: ____________________________

__________________________________________________________________

2. If any other persons are equally entitled I have obtained their consent that I should be

so named.

3. To the best of my knowledge and belief __________________________(name of

grave owner) had never assigned the benefit of the grave right to any other person or

specified any reservation of the grave of any particular person in accordance with item

10 (6) in “The Local Authorities Cemeteries Order 1977”.

4. I hereby declare that I will indemnify                         against all actions,

proceedings, demands, costs and expenses of any nature whatsoever (including the

exhumation of any burial) should it be subsequently proved my claim as aforesaid is

unfounded and that I have no title to exercise the Right of Burial in this grave.

Declared at ______________________________________________________________

This _______________ Day of ___________________ 20_______

Signature of Applicant ………………………………………

In the County of _______________________________ ___________________________

Before me _______________________________________________________________

Solicitor / Commissioner of Oaths

Office address ____________________________________________________________

Applicants are reminded that giving false information on this declaration could give rise to

Criminal Proceedings.