Grave Ownership

Where the deceased owner left a will and their estate was subject to probate, the person/s named on probate as the executors to the will are the person/s legally entitled to transfer ownership of the grave. Probate can take a while after death to be issued, so sometimes there can be a delay in transferring ownership until this document is received. Please be aware that we will need to see an original copy of your probate certificate – we do not keep it and will give it back, but you will be required to either bring it into the office in person, or post it to us and we can return it by recorded delivery.

Where the deceased owner did not leave a will but there was sufficient estate, or where the executors named in it are unable to manage the estate, letters of administration may be issued. The person/s named on the letters of administration who will act as executors to the estate are legally entitled to transfer ownership of the grave. Letters of administration can take a while after death to be issued, so sometimes there can be a delay in transferring ownership until this document is received. Please be aware that we will need to see an original copy of your letter of administration – we do not keep it and will give it back, but you will be required to either bring it into the office in person, or post it to us and we can return it by recorded delivery.

Where the deceased owner died without a will, or where the estate was not sufficient to require probate, we will need to help you establish who is rightfully entitled to take ownership of the grave. Once this is established we will draw up a Statutory Declaration which will allow the new owner/s to take on the plot, detailing their entitlement and any other parties involved. This can be complex and it may be necessary for the person applying for ownership to get in contact with many members of the family to gain their permission. A Statutory Declaration has to be signed under witness of a Commissioner of Oaths (magistrate or solicitor), so where this option is required, you will need to choose a solicitor to take your paperwork to in order than it can be countersigned. The solicitor’s charge for this should be minimal.