Old Graves Could Be Reused in England & Wales Under New Law Proposals

Centuries-Old Graves Could Be Reused as UK Burial Space Dwindles

Graves more than a century old could be opened for reuse in cemeteries across England and Wales, a proposal aimed at addressing a growing shortage of burial space. The Law Commission has put forward recommendations to modernize burial laws, some of which date back over 170 years, even as ensuring protections for relatives and war graves. The changes, if implemented, could notice local parish churchyards reopened for burials and a more consistent approach to burial depth across the country.

What the Law Commission Proposes

The core of the Law Commission’s recommendations centers on easing the pressure on limited burial space. Currently, the reuse of graves is permitted in some areas, including London council cemeteries and Church of England churchyards, but the proposed changes would extend these powers more broadly. Crucially, the proposals include a tiered system of protection. No grave would be eligible for reuse within a century of the last burial, extending the current 75-year timeframe in some instances. Relatives would also have a one-year window to object to the reuse of a family member’s grave, potentially delaying reuse for an additional 25 years if an objection is lodged.

Protecting War Graves and Military Remains

Concerns were raised regarding the potential disturbance of war graves, particularly those of soldiers who died in the First and Second World Wars. However, the Law Commission has explicitly addressed these concerns, stating that the Commonwealth War Graves Commission (CWGC) will retain the right to object to the reuse of any war grave. The proposals extend protection to post-war military graves under the Ministry of Defence’s remit, granting them a similar right of objection. This ensures that no Commonwealth war grave will be reused, according to the commission’s report.

A Victorian-Era System Under Strain

The impetus for these reforms stems from the limitations of existing legislation. The Law Commission highlighted the “complexities” arising from Victorian-era laws that are no longer suited to contemporary needs. Professor Lisa Webley, commissioner for property, family and trust law, explained that the recommendations “respond directly to contemporary challenges, including the shortage of burial space.” The current legal framework struggles to address issues like the increasing population and the limited availability of land for latest cemeteries.

How Would Grave Reuse Work in Practice?

The proposed process for reusing graves involves a careful approach to remains. The Law Commission stipulates that remains within a grave must be “no more than skeletal” before reuse is considered. This suggests a degree of natural decomposition is required. Reuse could involve moving existing remains deeper into the grave and burying new remains above. The commission recommends a minimum of two feet of soil above a coffin, establishing a consistent standard where currently no legal requirement exists in many burial grounds. This standardization aims to ensure respectful and hygienic burial practices.

Addressing the Issue of Unclaimed Cremated Remains

Beyond grave reuse, the Law Commission’s recommendations tackle another growing problem: the increasing number of unclaimed cremated remains. The National Association of Funeral Directors estimates that up to 300,000 sets of unclaimed ashes are currently held in the UK, often due to family disputes, illness, or a desire to inter ashes together. Currently, funeral directors lack the legal authority to scatter or bury these remains, and crematoria have no obligation to accept their return, leading to indefinite storage. The Law Commission proposes a statutory duty for cremation authorities to accept unclaimed ashes after six months, provided the funeral director has made reasonable attempts to contact the family. The cremation authority could then charge the funeral director a fee for this service, with the fee level to be determined by the government.

What Happens Next?

The Law Commission has submitted its report to the government for consideration. A Ministry of Justice spokesperson stated that the government will “carefully consider the recommendations” and provide a formal response in due course. The timeline for potential legislative changes remains unclear. The process typically involves drafting a bill, parliamentary debate, and enactment into law. The speed of this process will depend on the government’s priorities and the parliamentary schedule. You can find more information about the Law Commission’s work and its recommendations on their official website: https://www.lawcom.gov.uk/. Further details on the legal framework governing burial and cremation can be found on the GOV.UK website: https://www.gov.uk/government/organisations/law-commission. For historical context on the Law Commission itself, see its Wikipedia entry: https://en.wikipedia.org/wiki/Law_Commission_(England_and_Wales).