3 hours ago
10
Graves more than 100 years old could be reused across England and Wales under Law Commission proposals that also include the reopening of some burial grounds closed under Victorian-era legislation.
The changes would create a national framework for the first time, aiming to reduce pressure on burial space and modernise a system largely unchanged for more than 170 years.
“Our proposals would modernise and simplify burial and cremation law in England and Wales, and provide clearer, more consistent safeguards for bereaved families and friends,” said Prof Lisa Webley, the law commissioner for property, family and trust law.
Grave reuse is limited to some London cemeteries and Church of England burial grounds. Under the proposals, this could be extended more widely, but only after local consultation and government approval.
The commission also recommended stricter safeguards than those now in place. Graves could not be reused until at least 100 years after the last burial, up from 75 years, and families would have a year to object. Any objection would delay reuse for a further 25 years.
Military graves would remain protected. The Commonwealth War Graves Commission retains the right to object, effectively ensuring no war graves are ever reused. For the first time, similar protections would apply to postwar graves under Ministry of Defence responsibility.
Reused graves would remain within a controlled system, with remains moved deeper and a new burial placed above. Only remains that are “no more than skeletal” would be eligible.
The commission also highlighted the patchwork of rules for church, local authority and private burial grounds, recommending a more consistent framework. In some cases, this would introduce legal standards where none currently exist. For example, it proposes a new minimum of 2ft of soil above a coffin.
Cremation practices would also be changed. The growing number of uncollected ashes held by funeral directors is unregulated: funeral directors cannot scatter or bury them and crematoriums are not obliged to accept their return. As a result, ashes can remain in storage indefinitely.
Under the proposals, if ashes remain uncollected after six months and the family has been contacted, they could be returned to the cremation authority, which would have a legal duty to accept them. Cremation authorities could charge for this service at a government-set rate.
The National Association of Funeral Directors (NAFD), which contributed to the review, welcomed the recommendations but highlighted areas needing further consideration.
“While we support a clear process for returning uncollected ashes, funeral directors should not bear additional costs for storing ashes due to gaps in the current law,” said Andrew Judd, the association’s chief executive. “Similarly, although increased transparency about direct cremation is welcome, information about where a cremation will take place should be provided before the event, not after. Earlier clarity remains crucial for families.”
The government will now consider the recommendations. A further report on new funerary methods is expected to follow.
