Graves which are more than a century old could be reused in cemeteries across England and Wales under new proposals – but relatives will be able to object and war graves will be protected.
The Law Commission has recommended modernising laws, some of which have not been altered for more than 170 years,- to tackle a burial space shortage.
Reusing old graves is already permitted in London council cemeteries, Church of England churchyards, and some cemeteries with their own laws.
But the changes see such powers extended to other burial grounds across England and Wales.
Concerns had previously been raised about the graves of soldiers who died in the First and Second World Wars being disturbed as part of the proposed legal overhaul.
However, the commission said the Commonwealth War Graves Commission (CWGC) will always be able to object.
“As a consequence, our recommended reforms to the law would result in no Commonwealth war grave ever being reused,” the commission’s report, published today, said.
It also recommended that, for the first time, post-war military graves that fall under the remit of the Ministry of Defence would also be protected through a right of objection.
The overall recommendations “respond directly to contemporary challenges, including the shortage of burial space”, and the “complexities” that arise from Victorian-era legislation, said Professor Lisa Webley, commissioner for property, family and trust law.
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The commission recommends allowing centuries-old burial grounds, closed under Victorian laws, to be reopened, giving rise to the possibility of local parish churchyards being used for burials again.
No grave could be reused a century after the last burial – longer than the current 75 years.
Additionally, relatives would have a year to object to the reuse of a family member’s grave.
Reuse could see remains currently in a grave moved deeper down, with the new remains buried above.
The commission said, however, that the remains left in a grave “must be no more than skeletal in order for the grave to be reused”.
It said a relative’s objection would prevent a grave being reused for another 25 years.
A new requirement for a minimum of two feet of soil above a coffin has also been proposed.
The commission said this would lead to a more consistent approach, as there is currently no law on this aspect in a lot of burial grounds.
The proposals also cover the issue of uncollected ashes, which was outlined last year by the National Association of Funeral Directors.
The trade body estimated there were up to 300,000 sets of unclaimed ashes in the UK.
It said the reasons for this are varied, from family disputes, to illness, and a desire to place two sets of ashes together.
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The commission said: “Since funeral directors have no legal authority to scatter or bury them, and crematoria have no duty to accept their return, these uncollected ashes end up sitting on the shelves of funeral directors’ premises indefinitely.”
If the ashes remain uncollected after six months, during which attempts have been made by the funeral director to contact the family, they could – under the proposals – be returned to the cremation authority, which would have to accept them under a statutory duty.
The commission has recommended the cremation authority could charge the funeral director for the return of ashes, “at a level to be set by the government”.
A Ministry of Justice spokesperson said: “The government will carefully consider the recommendations set out in the Law Commission’s report and will formally respond in due course.”
