Guidelines for Families Enquiring About Exhumations

XHUMATION GUIDELINES

The following guidelines have been extracted from the ICCM’s (Institute of Cemetery & Crematorium Management) Exhumation Handbook to assist Families in the Exhumation process.

Please read through the information very carefully to ensure a general understanding of the exhumation process beforeproceeding further.

If you have any queries please do not hesitate to contact the cemetery office on 01827 709343 email

GUIDELINES FOR FAMILIES ENQUIRING ABOUT EXHUMATIONS

FINANCIAL AND PSYCHOLOGICAL IMPLICATIONS

The ICCM (Institute of Cemetery and Crematorium Management) recommend that families are advised at the initial point of enquiry that exhumation is a lengthy, costly and potentially an emotionally distressing process to undertake.

PERMISSIONS REQUIRED

Depending on whether the grave is in consecrated or unconsecrated ground determines whether a Faculty or a Ministry of Justice Licence is required (see flow chart on page 10).

If the grave is in Consecrated ground then a Faculty is required.
If in Unconsecrated ground then a Ministry of Justice licence is required.

Application forms may be obtained directly from the Ministry of Justice or the relevant Diocese.

For full interments disinterred (exhumed) for cremation, written consent is also required from the cremation authority.

If the deceased is to be exhumed for removal outside of England and Wales (for cremation or burial) then HM Coroner must also be notified.

FEES AND CHARGES

The Diocesan Registry charges vary per Dioceseand are subject to an annual review. Please contact the relevant Diocese for their current fees (see page 8). This fee is non-refundable whether the application is successful or not and usually takes up to 6 weeks for the Faculty to be issued.

The Ministry of Justice do not currently charge for issuing a licence and it usually takes 3 to 4 weeks to issue. It is issued direct to the person making the application and a copy is sent to the LA Health officer.

An application is required for each body disturbed, even if they are in the same grave.

Tamworth Borough Council – Please contact the Cemeteries Officer for details of the current administration fee (which is non-refundable) or visit -

Your chosen Funeral Director will charge the actual exhumation at cost price.

The applicant is liable for all costs incurred for conducting the exhumation and payment must be received prior to the exhumation taking place.

CONSENT

When an exhumation is unavoidable, it is essential to obtain all the relevant consents. Consents are required for each body disturbed, even if they are in the same grave.

Grave Owner

The registered owner of the grave must give written permission to authorise the exhumation. If the remains are to be re-interred into another grave, then written permission must also be gained from that grave owner.

Family members may request exhumation many years after the original burial and the owner of the exclusive right of burial may be deceased. In such cases, the ownership of the exclusive rights must be transferred to the correct person and their consent for the exhumation obtained.

Establishing ownership

The procedure for establishing ownership when the original owner has died is dependant on whether there is a Will. In all cases, it is desirable that the original grave deed is produced to the burial authority. The transfer of ownership is recorded on the deed, which is issued to the new owner.

Valid Will

If the deceased owner has left a valid Will and an estate of sufficient value to require a Grant of Probate, then ownership of the grave can be transferred to the Executor on production of a sealed copy of the Grant of Probate.

Where the estate was not of sufficient value, ownership may be transferred to the Executor on production of the Will. It is then the Executor’s responsibility to identify the correct person for transfer of ownership.

Grant of Letters of Administration

In the absence of a Will (or if the Will is invalid) and if the estate requires a Grant of Letters of Administration; then ownership would be transferred to the personal representative of the deceased on production of the Grant of Letters of Administration.

Next of Kin

If not the applicant, then written consent must be also be obtained from the next of kin of the deceased.

Next of Kin- nearest living relative, executor. Divorced spouses and common law partners do not constitute next of kin.
No surviving spouse – then children of the deceased whether legitimate or otherwise, would be next of kin. The written consent of all the children is required required.

Memorials

If necessary, grave owner(s) permission mustalso be sought to remove any memorials on the grave prior to the exhumation. It is the responsibility of the applicant to employ a registered stonemason to remove, store and replace the memorial.

The Council will advise the applicant if any surrounding memorials will need to be removed and they will obtain permission from the other grave owners if required. The applicant will be liable for all masons costs to facilitate the opening of the grave and the exhumation.

HOW TO APPLY

Application for authority

The first indication that an exhumation may be requested is when the client approaches the burial authority or funeral director with their request.

On request, Tamworth BoroughCouncil will issue the applicant with the Exhumation Guidelines and request form. The completed request is then returned to the cemetery office together with the current cemetery fee.The application will be checked and the applicant advised to contact either the Diocese or the Ministry of Justice for an application form.

The completed form is returned to the burial authority for checking/approval prior to forwarding to the Ministry of Justice or the Diocesan Registrar.

Chancellor’s Guidance for Prospective Petitioners

MEMORANDUM

Of the Chancellor of the Diocese of Chichester

To: Any person proposing to lodge a petition for authority to exhume and re-inter a body or ashes.

Bodies or ashes interred in churchyards or other consecrated ground, have been formally committed to the protection and safe custody of the Church. There should then, be no disturbance of consecrated ground or the bodies or ashes committed to it without good reason.

There is a burden on a petitioner to show that the presumed intention of those who committed the body or ashes to a last resting place is to be disregarded or overborne. The longer the interval between interment and the presentation of the petition the greater the burden.

The fact that the petitioner has been tending the grave in question and has moved away from the area is not to be regarded as a good reason for disinterring a body or ashes to allow reburial in consecrated ground nearer to the petitioner’s new residence.

The desire to re-inter the body or ashes in or near the grave of a spouse or close relative buried elsewhere will not be regarded as good grounds.

Every case will be considered on its individual merit and a petitioner should be able to show special or exceptional reasons why a Facultyshould be granted. In appropriate cases the advice of a lawyer conversant with Ecclesiastical law should be sought.

Conditions of a Faculty

The power of attaching conditions to the issue of a Faculty should not be underestimated. If a condition is not complied with, the matter can be dealt with as one of contempt of court and be referred by the chancellor to the High

Court.

EXAMPLE

Below are examples of the type of questions that may be asked by the relevant Diocese.

Application for a …………………………….. – Diocese of……………………

Proposed Removal of Remains from……………………………………………….

Full name, address and description of applicant for the Faculty.
Full names of the deceased and date and cause of death.
Date of burial and class of coffin.
Relationship of the applicant to the deceased.
Number of grave and whether in consecrated portion.
Have any other interments taken place in the grave since the burial of the deceased?
Where is it proposed to re-inter the coffin and will it be in consecrated ground?
Did the deceased leave a Will? If so, has Probate been granted, and to whom?
The consent in writing of the incumbent/Superintendent where exhumation is to take place must be forwarded.
The consent in writing of the Churchyard or Cemetery Authorities in which the coffin is to be re-interred must be obtained and forwarded.
Give the name and address of Funeral Directors who will carry out the exhumation and re-interment.
If the deceased died intestate, have Letters of Administration been granted and if so, to whom? If neither is applicable, then a full copy of the Death Certificate must be forwarded.
The Funeral Directors must give an undertaking to carry out the exhumation and re-interment in a reverent manner and to comply with any instructions which may be given by the Local Medical Officer of Health.
State as fully as possible the reason for the proposed removal.
The following documents must be forwarded with this form of questionnaire to the Diocesan Registry:

1)Certificate of Burial

2)Consent in writing of the next of kin, including spouse, children of deceased, parents, brothers and sisters. One letter will suffice signed by all relevant persons stating their names in full and relationship to deceased

3)Consent in writing of the Incumbent/Superintendent where re-interment is to take place must be forwarded

4)Undertaking by the Funeral Directors

5)Probate of Will or Letters of Administration. If neither is applicable then a full copy of Death Certificate

Below is an example of the possible conditions, which may be attached to Ministry of Justice Licences

The removal shall be effected with due care and attention to decency and will be carried out early in the morning.

The removal shall be carried out to the satisfaction of the proper officer for Environmental Health for the District in which the remains are at present interred and in accordance with any additional conditions he may impose.

The remains shall be forthwith re-interred in another grave in the above-named burial ground.

Notification of the intention to remove the remains out of England and Wales shall be given to HM Coroner having jurisdiction over the area in which the remains are at present interred and the remains shall not be removed out of England and Wales before the expiration of a period of four clear days after the day on which the notification of intention to remove the remains was received by the Coroner, unless the Coroner shall have sooner agreed thereto.

The ground in which the remains are interred shall be screened from the public gaze while the work of removal is in progress.

The remains shall be forthwith re-interred in another grave in .…………. Cemetery.

The remains shall be forthwith conveyed to the …………………. Crematorium and be there cremated in accordance with the Cremation Acts 1902 and 1952, and the Regulations made thereunder.

The remains shall be forthwith conveyed/transportedto ……………….and be there re-interred.

The following statements are standard on exhumation licences:

“This Licence merely exempts from the penalties which would be incurred if the removal took place without a Licence; it does not in any way alter civil rights. It does not confer the right to bury the remains in any place where such right does not already exist.”

“This licence expired on ……………… [Licences are normally valid for a 12 month period]

Useful contacts and addresses

Ministry of Justice Licence Website:

Local Diocese – Bishops Faculty

For exhumations in AmingtonCemetery contact -

Birmingham Diocesan Registry

1 Colmore Square

Birmingham

B46AA

Phone: 0870 7031486

Fax: 0870 763 1000

Email: sghmartineau.com

For exhumations in Glascote, Wigginton Road, Wilnecote New andWilnecoteOldCemeteries contact -

Lichfield Diocesan Registry

Registry ClerkMrs Caroline Dudley

FBC Manby Bowdler LLP

Routh House, Hall Court, Hall Park Way, Telford

Shropshire

TF3 4NJ

Phone: 01952 211303

Fax: 01952 291716

Email:

Checklist 1 – Pre-exhumation

Proper authority as appropriate to carry out the exhumation(s):

The Council will advise the applicant after receipt of the completedCouncil’s Exhumation Request Form (enclosed) of the relevant authorities required enabling the exhumation to take place.

(a)Council authority

(b)Ministry of Justice licence

(c)Bishop’s

(d)Coroner’s Warrant

(e)Other statutory authority

(f)Written consent of next of kin of deceased

(g)Written consent of owner of exclusive right of burial in grave from which remains are to be removed

(h)Written consent of owner of exclusive right of burial in grave into which remains are to be reburied

(i)War Graves Commission notified

(j)Local Environmental Health Officer notified

(k)Agreement of Crematorium Manager for cremation of exhumed remains

(l)Agreement of waste disposal site approved by Environmental Health Officer to receive waste

Planning

Memorial(s) to be removed and storedfor the grave to be opened and adjacent graves if required. The cost of removal will be charged to the applicant at cost by the Funeral Director/ Memorial Mason. Permissions must be obtained from grave owners to remove memorials on adjoining graves.

Provision made for temporary storage of excavated soil.

Institute of Cemetery & Crematorium Management

Lawful Authority Flow Chart – England

If exhumed for cremation - written consent from the cremation authority is also required

If exhumed for removal outside England and Wales (for cremation or burial) - HM Coroner to be notified

EXHUMATION REQUEST FORM

APPLICANT
Full name:……………………………………………………………………………...
Address:……………..…………………………………………………………………
Phone no:………………………………………………………………………………
Relationship to deceased:……………………………………………………………
Next of Kin (if not applicant):……………………….………………………………..
DECEASED
Full name:……………………………………………………………………………...
Cemetery:………………………………………………………………………………
Grave number:………………………………………………………………………...
Date of interment:……………………………………………………………………..
Burial or cremated remains:………………………………………………………….
NEXT OF KIN (if not applicant)
Relationship to deceased:…………………………………………………………...
Name:………………..…………………………………………………………………
Address:…………………………………………………………………………….…
Phone no:………………………………………………………………………………
REGISTERED OWNER
Is this the applicant? Yes No If No complete this section
Full name:……………………………………………………………………………...
Address:……………..……………………………………………………………......
Relationship to deceased:……………………………………………………………
Is owner alive:…………………………………………………………………………
REASONS FOR REQUEST
Please give details of why you wish the remains of the deceased to be exhumed: …………………………………………………………………………………………………………
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………

Signature of applicant…………………………………Date….…………………….

Request received…………………………………………………..Payment received…………………………………………..

Updated 23/03/17