Transfer of Ownership
(28 July 2010)

Main points of consideration resulting from course:

  • transfers MUST be completed before the burial takes place
  • family should always visit office to collect the relevant forms – this should be a practice encouraged by the funeral director
  • there is a need to transfer correctly every time
  • need to know what we are looking for - the authority of a living owner, when the owner is deceased, a legal document that we can use to re-establish ownership of EROB, keep copies of any documents you receive
  • we must either find a legal document showing who has the right to administer the estate of the deceased, thus giving a living owner to transfer the grave to or through
  • make use of Statutory Declarations, BUT investigations need to be made. The whole story of who the grave owner was and who the new person that says they have the right to succeed them fits into this
  • it is down to the authority to make sure the stat declaration details all transfer reasons and entitlements to get the full details by carefully questioning the person wishing to be the new owner
  • the correct questions must be asked and processed, if we are given false information and it has been sworn under oath, they are the people who face legal proceedings. If we have them back blank, then it is us, as we haven’t asked the correct information
  • if in doubt - do not take a chance, we don’t have to issue transfers

Statutory Declarations need to be formally written, anything else is not acceptable, and in time, these forms will be known to be more withstanding than currently they are.

We are not here to perform family history searches, but to ask the right questions at the right times and update our records accordingly. If we know information is false, we can refuse to perform the transfer.

Page last updated 16/09/2016