Not everyone who wants to commission a headstone has the legal right to do so. In most cemeteries in England and Wales, that authority belongs to the person named on the Deed of Grant – the document that records who holds the Exclusive Right of Burial for a particular plot. If you are unsure whether that person is you, or if the document has been lost, there are practical steps you can take before any memorial work begins. A reputable, BRAMM-accredited mason will help you work through this before any stone is ordered.
The Deed of Grant Is the Starting Point
Not everyone who wants to commission a headstone has the legal authority to do so. This surprises many families, and it can be a source of real conflict at an already difficult time. The right usually belongs to the person named on the Deed of Grant for the grave.
What Is a Deed of Grant?
When a grave plot is allocated in a local authority or private cemetery, the family receives a Deed of Grant – sometimes called an Exclusive Right of Burial. This document names the person who holds the right to decide what happens in and around that grave, including whether a memorial is erected and what it looks like.
It is not the same as owning the land. The cemetery authority retains ownership of the ground itself. The Deed of Grant gives the holder certain rights over the plot for a fixed period, typically 25, 50, or 75 years depending on the cemetery.
Why Does This Matter When You Want to Commission a Memorial?
Most cemeteries will not permit a memorial to be installed without first checking who holds the Deed of Grant. If a headstone is erected by someone who does not have that authority, the cemetery can require it to be removed. That means the cost falls on the family, and the distress of having a stone taken away can be considerable.
Families often ask us about situations where several people want different things. Perhaps the deceased had children from a previous relationship, or siblings who disagree about what the memorial should say. In those cases, the cemetery will refer back to the Deed of Grant to determine who has the final say.
What If the Original Deed Holder Has Also Died?
This is more common than people expect. If the person named on the Deed of Grant has since died, the right to the grave does not automatically pass to the next of kin. It becomes part of that person’s estate and must be transferred formally through the cemetery authority.
The process varies between cemeteries. Some will accept a copy of a grant of probate or letters of administration – the legal documents that confirm who is authorised to deal with a deceased person’s affairs. Others have their own transfer forms. It is worth contacting the cemetery office directly to ask what they require before you make any arrangements with a memorial mason.
What If You Cannot Find the Deed of Grant?
Deeds of Grant do get lost, especially when years have passed since the original burial. If you cannot locate yours, the first step is to contact the cemetery authority. They hold records of who was issued with the grant and can often issue a replacement document.
In some cases, the original purchaser may have been a funeral director or a local authority acting on behalf of the family. If the records are unclear, the cemetery may ask for a statutory declaration – a formal written statement confirming your understanding of the situation. This is a legal document, so it is worth taking brief advice from a solicitor before completing one.
“It was a pleasure to do business with this company. Seb and Mario were thoughtful, compassionate, very knowledgeable, efficient and professional throughout. Workmanship is superb and timely. Would highly recommend them.”
– Ian
Does It Work Differently in Churchyards?
Yes. Churchyards follow a different system. Instead of a Deed of Grant, the relevant authority is a faculty – a formal permission granted by the Diocese. In Lincolnshire, that means the Diocese of Lincoln.
The faculty system sits alongside the rights of the family and the incumbent vicar of the parish. Even if you have burial rights in a churchyard, you still need faculty approval for a headstone, and the Diocese sets rules around materials, size, lettering, and wording.
See additional info: Churchyard and Cemetery Rules.
How a BRAMM-Accredited Mason Can Help
Lincolnshire Memorials is accredited by BRAMM – the British Register of Accredited Memorial Masons. In practice, that means we do not begin work without checking that the correct permissions are in place.
Before we take an order, we will ask about the Deed of Grant. If there is any uncertainty about who holds the authority, we will talk you through the options. We would rather take a little longer at the start and get things right than have a family go through the distress of a stone being challenged or removed after installation.
We are also on the Register of Qualified Memorial Fixers, which means cemeteries across Lincolnshire, North Lincolnshire, and North East Lincolnshire are confident in both our work and our process.
What If There Is a Dispute Between Family Members?
If family members genuinely disagree about a memorial, the cemetery authority is the starting point. They can confirm who holds the Deed of Grant and will not usually get involved in the dispute itself beyond that.
Where the situation is particularly difficult – for example, where there are competing claims or a transfer of rights is being contested – legal advice may be needed. We can carry out the work once the authority question is settled, but we cannot act on instruction from someone who does not hold the right.
A Practical Step Before You Contact a Mason
Before you get in touch with any memorial company, it is worth locating your Deed of Grant or confirming with the cemetery that you are named on their records as the rights holder. It does not need to delay things significantly, and it means that once you are ready to discuss the memorial itself, there is nothing to hold the order up.
See info about Headstone Applications – Forms, Approvals & Delays.
If you are unsure about any of this, we are happy to talk it through. Call us on 01472 453700 or email info@lincolnshirememorials.com. We will let you know what we need from you before any work begins.
Questions and Answers about Headstones
Who is legally allowed to put a headstone on a grave?
The person named on the Deed of Grant – also called the Exclusive Right of Burial – holds the authority to commission a memorial. Most cemeteries will not permit a headstone to be installed without confirming who that person is. If a stone is erected by someone without that authority, the cemetery can require it to be removed at the family’s expense.
What happens if the person named on the Deed of Grant has died?
The right to the grave does not automatically pass to the next of kin. It becomes part of the deceased person’s estate and must be transferred formally through the cemetery authority. Most cemeteries will ask for a copy of the grant of probate or letters of administration, or they may have their own transfer forms.
What should I do if I cannot find the Deed of Grant?
Contact the cemetery authority directly. They hold records of who was issued with the grant and can often issue a replacement. If the records are unclear, they may ask you to provide a statutory declaration – a formal written statement about what you know. It is worth taking brief advice from a solicitor before completing one.
Is it different in a churchyard?
Yes. In a churchyard, you need a faculty rather than a Deed of Grant. A faculty is a formal permission issued by the Diocese – in Lincolnshire, that is the Diocese of Lincoln. Even if you have burial rights in a churchyard, faculty approval is still required before a headstone can be erected, and the Diocese sets rules around the design, materials, and wording of the memorial.
