16/01/2026
A quick guide about memorials or headstones and grave ownership
We’re often asked to provide a new memorial or arrange added inscriptions on existing memorials and one issue comes up time and time again — the grave’s deed holder (the registered owner) is still in the name of the deceased person.
It’s something many families understandably aren’t aware of, so we wanted to explain how it works.
When someone owns the Exclusive Right of Burial for a grave (the “grave deed”), that right continues even after they pass away. This means a deed holder can be buried in the grave they own without any problem.
However, only a living deed holder can legally authorise a new memorial or adding an inscription to an existing memorial. Memorial permits are legal documents and the cemetery authority must have permission from the current, living owner before a new memorial can be placed or adding an inscription. However, this does not apply to any renovation work or re-painting lettering.
A point that often causes confusion is the interment paperwork. Sometimes a family member signs the interment form when arranging a burial and it’s completely understandable that this might feel like it transfers the grave rights — but it doesn’t. The interment form simply gives permission for the burial to take place; it does not change the legal ownership of the grave.
If the deed holder has passed away, the grave needs to be formally transferred to the next of kin or executor before any memorial work can go ahead. This protects the grave from unauthorised changes and ensures the family’s wishes are properly recorded.
It’s also important to mention that this only applies to council‑run cemeteries and a small number of private cemeteries that issue deeds. Churchyards, chapel burial grounds and many community‑run cemeteries do not issue grave deeds, so the process is different there. In those places, permission comes directly from the church or cemetery authority and no deed transfer is required.
If you ever find yourself in this situation, don’t worry — it’s very common and we’re here to guide you through it. We can still prepare estimates, create inscription proofs and get everything ready while any deed transfer is being arranged. All we need is the wording you’d like added.
If you’re unsure who the deed holder is, or how to transfer ownership, your local cemetery or council bereavement services team will be able to help.
We hope this helps clear things up and makes the process a little easier for families at what can already be a difficult time.
This guide was unashamedly written by Phil with a little 😁 help from Copilot.
