Grave ownership and deed transfer

All graves must be purchased privately, unless they've been allocated under the Public Health Act 1984.

You must buy a fifty-year lease* which gives you the right to:

• Be buried or allow another person to buried in the grave, as long as there is enough space.
• Place or change a memorial on the grave, as long as it meets the rules and regulations of the cemetery.

*The lease period is only twenty years for loose ash burials in the Garden of Remembrance.

These rights are granted under burial law (Local Authority Cemeteries Order 1977), and mean that only the registered owner (or both owners if it is co-owned) can give written permission for a burial or memorial within the grave plot.

The cost of purchasing a grave depends on the size and location. Check our Exclusive Rights of Burial fees to see how much you'll need to pay. You can [pay online].

How to purchase a grave

You need to complete a Purchase of Exclusive Rights of Burial form and return it to cemeteries@canterbury.gov.uk. 

We'll issue a formal grave deed once you've purchased it, which you must keep in a safe place as you might need it to prove ownership to us or someone else, such as a stone mason. 

Having the physical deed itself does not guarantee that you own Exclusive Rights of Burial.

When the grave lease period expires, it must be renewed to keep exclusive rights. This costs £280.

You (as the grave owner) are the only person who can transfer ownership to another person. 

You need to complete an Assignment of Rights of Burial form and return it to cemeteries@canterbury.gov.uk.

There is a fee of £113 to transfer rights, which you can [pay online].

If the owner of the grave has died, it can be transferred in three different ways. 

Grant of Probate

If the owner left a valid will and the estate has enough value to be granted probate, the Executor of the will can transfer ownership.

You will need to give us a sealed copy of the Grant of Probate, complete an Assent of Executor or Administrator form and return it to cemeteries@canterbury.gov.uk. 

You can search GOV.UK's probate records to see if probate was applied for.

It costs £113 to transfer ownership using Grant of Probate, and you can [pay online].

Letters of Administration

If there is no will or it is not valid, and the estate has enough value to be granted Letters of Administration, the personal representative of the person who died can transfer ownership. You are responsible for identifying the right person to transfer ownership to.

You will need to give us a sealed copy of the Letters of Administration, complete an Assent of Executor or Administrator form and return it to cemeteries@canterbury.gov.uk. 

You can search GOV.UK's probate records to see if Letters of Administration have been applied for.

it costs £113 to transfer ownership using Letters of Administration, and you can [pay online].

Statutory Declaration 

If the owner left a valid will but the estate is not enough value to be granted probate, the Executor of the will can transfer ownership by completing a Statutory Declaration (No Probate) form which must be signed in the presence of a Magistrate or Commissioner for Oaths and returned to cemeteries@canterbury.gov.uk. 

You are responsible for identifying the right person to transfer ownership to, and must give us a sealed copy of the will. 

If there is no will or Letters of Administration were not granted, the rules of intestacy (where an estate is distributed to relatives) apply. In this case, you need to complete a Statutory Declaration - intestate form which must be signed in the presence of a Magistrate or Commissioner for Oaths and returned to cemeteries@canterbury.gov.uk. 

In both of these circumstances, you also need to give us written agreement from the next of kin or people of equal kinship to the person it is being transferred to. This is called a Renunciation form and is used when the person entitled to burial rights does not want to keep them. You must return the form to cemeteries@canterbury.gov.uk. 

We might also ask for the death certificate or formal proof of death.

It costs £113 to transfer ownership using Statutory Declaration, and you can [pay online].