Grave Rights and Funerals | The often overlooked details...

We understand that when it comes to thinking and planning for a future when you are gone can be both difficult and overwhelming for you and your loved ones but understanding the process ahead of time and having the reassurance that your final wishes will be carried out exactly as you want can make a real difference. 

Here, we take a look at the often-overlooked topic of ‘Grave Ownership’ and ‘Funerals’, sharing useful information that you may wish to consider when planning for later life.  

Grave Ownership:

A topic that is not commonly spoken about and often comes to quite a surprise to many, is the understanding of ‘Grave Ownership’. For example, did you know that when you buy a grave, you're not actually purchasing any land; instead, you're obtaining the Exclusive Rights of Burial for a specific grave for a set period? 

This right is given to you through a Deed of Grant, a legal document that allows you to:

• Be buried in a designated grave or cremation plot, if space permits (including cremated remain
• Authorise additional burials in the grave, or interment of cremated remains, if there's space
• Apply for a permit to place a memorial on the grave or add an inscription

Legally, a purchased grave can only be opened for the burial of the Deed owner or another person with the written consent of the Deed holder. This can be tricky if the plot is a double grave but only in one person's name. If someone else needs to arrange a burial in the grave, the Deed must be legally transferred. This can lead to disputes among family members over who should take ownership, especially if the original owner died without a will or next of kin. The grave can be used for burial, but no memorial stone can be placed until ownership is transferred to a living person.

To avoid these complications, it might be wise to buy the plot in the name of someone who will handle the funeral arrangements, like a child of the deceased. This way, the rights are already with the right person, avoiding the need for formal transfers during an already difficult time.

Funerals: 

When arranging a funeral, many people don't realise that the funeral costs can be paid directly from the deceased's bank account to the funeral director. This means you don't have to come up with the funds yourself, which can significantly reduce stress during a challenging time. It's important to make this information clear to those organising the funeral.

If you have specific wishes for when you are no longer here, contact our team today for help with Will writing and estate planning by calling 01926 354704 or emailing: pcnewenquiries@moore-tibbits.co.uk 

Article by: Shona Newman | Chartered Legal Executive