Q&As

Would a grave deed be considered an asset for the purposes of financial remedy proceedings. If a spouse is named on grave deeds, would the family court have jurisdiction to have that spouse’s name removed under the inherent jurisdiction?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 14 July 2023
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A grave deed is the name given to a deed of grant relating to a grave. It provides that the person who is the beneficiary of the grave deed is the person who has control of the relevant grave, and allows that person to authorise matters relating to the grave, such as its reopening for further burials, the erection of memorials, and the like. The right is usually personal, but section 44 of the Cemeteries Clauses Act 1847 provides that rights of burial in a place of burial, whether granted in perpetuity or for a limited time is considered as the personal estate of the grantee, and may be assigned in their lifetime or transferred and left by will.

Generally, before a burial takes place, authority is required, usually

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
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