Hambleton Parish Council is the Burial Authority for Hambleton Parish and owns and maintains cemetery within the village, providing facilities for the interment of coffins and ashes.
Frequently Asked Questions
The cemeteries are open to interments for both residents of the Parish and for non-residents. A discount applies for permanent residents of the Parish.
All burials and memorials are subject to the current Cemetery Regulations, which include details of the maintenance of grave plots and memorials.
The Cemetery Fees are reviewed every financial year.
When a grave is purchased it refers to the purchasing of the Exclusive Right of Burial in a grave space and not the purchase of the land itself. This means that you do not own the land but have the right, during the period stated, to say who can be buried, or have cremated remains buried, in the grave space.
We will provide you with a Grant of Exclusive Right of Burial and it is important that you keep this in a secure place as it is the only legal document confirming your entitlement to the Right.
It is very important to notify us of any change of address so that we can contact you regarding the cemetery or grave space.
The Right is currently granted for a period of 50 years. You can renew the Right subject to such restrictions and regulations as are in place at that time. Any application for renewal should be made within twelve months of the expiry date.
Legally a number of people can jointly own the Right; however, please be aware that all owners are required to give permission before a grave can be opened. If one of the owners will not sign the grave cannot be opened for a burial, or for a memorial to be erected or altered.
Providing there is space, all owners have the legal right to be buried in the grave. When there are a number of owners and one dies, the rights are then shared by the remaining owners. This continues until there is only one owner, at which point the Right will be transferred via their estate.
It is no longer possible to pre-purchase burial plots in the cemeteries.
Transferring the Exclusive Right of Burial
Yes. A living owner can change ownership by completing the form of Assignment of Rights of Burial
When the last remaining owner is deceased a transfer must take place, via their estate, before any further burial, erection of a memorial or amendment of a memorial may take place. There are several different ways in which a transfer may be accomplished, depending upon how the estate of the deceased owner is being, or has been, handled:
If a grave owner has made a valid will and left an estate of sufficient value to require a Grant of Probate, ownership of the grave will be transferred to the Executor/s. The Executor/s will need to provide us with a sealed copy Grant of Probate (NOT a photocopy) and, if possible, the original Deed of Grant of Exclusive Right of Burial.
If an Executor does not wish to retain the Right they can then transfer it to whomever they choose using a Form of Assent
If a grave owner has made a valid will but the estate is not of sufficient value to require a Grant of Probate then ownership will be transferred to the Executor/s named in the will by way of a Statutory Declaration. The Executor/s will need to complete a Statutory Declaration which they will need to take and sign it in the presence of a Magistrate or Commissioner of Oaths. Many local solicitors are Commissioners of Oaths and will provide this service for a small fee. Once the declaration is signed the Executor/s will need to provide Hambleton Parish Council with the signed Statutory Declaration, the will and any codicils.
If a grave owner did not leave a valid will but left an estate of sufficient value to require a Grant of Letters of Administration, ownership of the grave will be transferred to the Administrator/s. The Administrator/s will need to provide us with a sealed copy Grant of Letters of Administration and, if possible, the original Deed of Grant of Exclusive Right of Burial.
If an Administrator does not wish to retain the Right they can then transfer it to whomever they choose using a Form of Assent.
If a grave owner did not leave a valid will and left an estate of insufficient value to require a Grant of Letters of Administration the ownership will be transferred to the lawful next of kin by way of a Statutory Declaration. Please note that in some cases it may be necessary for next of kin to complete a Form of Renunciation. This document will need to be signed in the presence of a Magistrate or Commissioner of Oaths. Many local solicitors are Commissioners of Oaths and will provide this service for a small fee.