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Oakham cemetery services

Exclusive right of burial plots

When you buy a Right of Burial, you become the holder of an Exclusive Right of Burial to a cremated remains plot or grave space in your chosen area of the cemetery. This does not mean you own the land - we remain the owner.

You'll be issued with a Grant of Exclusive Right of Burial - make sure you keep this in a safe place as you will need it to prove ownership for burial and memorial applications. Grants are issued for a period of 99 years.

If you do not transfer or assign the Exclusive Right of Burial to someone else and the grant has not expired, you have the right to:

  • be buried in a designated grave, if space if available - this includes cremated remains
  • authorise more burials in the grave, if space is available - this includes cremated remains
  • apply for a permit to place an inscribed memorial on the grave, or give permission to add an additional inscription

The grant does not specify how many burials can be accommodated in the plot - this will depend on:

  • the depth of the first interment
  • the size of the coffins or caskets interred
  • the ground conditions at the time of excavation

The grant stays with the holder(s) until the last surviving holder dies - the Exclusive Right will then need to be transferred.

Exclusive Right of Burial - Accordion

How to buy an Exclusive Right of Burial

If you'd like to buy a grave or cremated remains plot in Oakham Cemetery, contact our cemeteries office for information - email burials@rutland.gov.uk or call our customers services team on 01572 722 577.

We recommend up to a maximum of three people hold the Exclusive Rights of Burial. All holders must agree to give consent for any interments and memorial applications on the plot.

The selection of burial and cremated remains plots for interment and pre-purchase are subject to availability and approval of our service manager.

When your purchase has been processed, all holders will get an Exclusive Right of Burial Deed of Grant for your plot - make sure you keep this safe as you'll need it to prove ownership for burial and memorial applications. There's a fee to reissue lost deeds.

If any details on your deed change, you'll need a new deed with the correct information. There is no charge to change your contact details on the deed. We must make sure registers are accurate and up to date.

For unpurchased plots, you must buy the Exclusive Right of Burial rights after the interment to be able to erect a memorial or re-open the plot for another internment.

When you are ready to buy a plot, complete the Purchase the Exclusive Right of Burial Plot for 99 Years (APP 002 2019) application form and email to burials@rutland.gov.uk, or post to: Cemeteries, Rutland County Council, Catmose, Oakham, Rutland LE15 6HP.

Transfer or assign an Exclusive Right of Burial

After the last remaining holder of an Exclusive Right of Burial dies, the deed can be transferred (for the years remaining on the deed) to someone entitled to the deed - this will be needed to allow future burial and memorial applications.

If the deceased left a valid will and estate of sufficient value for Grant of Probate: Ownership will be transferred to the executor(s) on production of the original sealed/endorsed Grant of Probate. You'll also need to complete a Deed of Assignment for the proposed new holders.

If there's no Grant of Probate: Ownership can be transferred to the executor named in the will, on production of the original sealed/endorsed will. You will also need to complete a:

If there's no will or valid will, but there is an estate sufficient to require a Grant of Letters of Administration: You can transfer ownership to the personal representative of the deceased on production of the original sealed/endorsed Grant of Letters of Administration. You will also need to complete a Deed of Assignment for the proposed new holders.

When a transfer of Executive Right of Burial has skipped a generation: If you're not sure if the grave owner left a will or if Letters of Administration were issued, you can search probate records or find a will on GOV.UK to find out. You can then buy a copy to help to transfer.

When there's no executors or Letters of Administration: The rules of Intestacy apply. You'll need to submit Statutory Declaration - No Will No Probate form to claim the Exclusive Right of Burial and a Deed of Assignment for the proposed new holders. 

To find out who's the legal next of kin of the deceased grave owner for the transfer, use the Who Inherits tool on GOV.UK.

Assignment of an Exclusive Right of Burial when the holder is living

To arrange a transfer, you need to complete a Deed of Assignment for the proposed new holders.

How to arrange a transfer

To arrange a transfer, contact our cemeteries office - we can help you make sure you've got the correct paperwork in place: burials@rutland.gov.uk.

If you've lost your Deed of Grant

If you've lost the Exclusive Right of Burial Deed of Grant, you need to complete a:

There is a fee for reissuing a Deed of Grant.

Email of cemeteries office for more information: burials@rutland.gov.uk.

How to surrender a burial plot with an Exclusive Right of Burial

If you want to surrender your Exclusive Right of Burial, we may be able to buy it back and refund you - the amount will be based on how long you have owned the rights.

You will need to send us paperwork, including:

The date of surrender will be the date we receive your paperwork. 

Contact our cemeteries office for more information - we can also help make sure you have the correct paperwork in place: burials@rutland.gov.uk

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