Burial Rights
The right to be buried in a churchyard (for parishioners) or a local authority cemetery. There is no common law right to choose one's place of burial — the executor or administrator decides.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Church of England guidance sets out who has a statutory right to burial in a parish churchyard, subject to it remaining open. Unless the churchyard is closed by Order in Council under the Burial Act of 1853 the following people have a right to be buried in your churchyard: residents in the parish, those whose names are on the church electoral roll, and those dying in the parish. Beyond that defined group, the incumbent has discretion: an incumbent can also allow anyone else to be buried in your churchyard, though guidance is normally sought from the Parochial Church Council first.
The right of burial does not extend to a right to choose a particular plot within the churchyard. Where a family wishes to reserve a specific grave space, that itself requires a faculty from the consistory court, and if space is limited the court may decide that reserving a plot would be unfair to future burials.
The same statutory scheme applies to cremated remains: the same rights apply to cremated remains as with normal burials, though if the churchyard has been closed, interment of ashes is only possible in an area specifically allowed by faculty.
Example
A person who lived and died in a parish, but whose name was never added to the church electoral roll, still has a statutory right of burial in that parish's churchyard provided it has not been closed.
Related terms
Official sources
This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.