Exhumation is the lawful removal of human remains from a grave. It is a rare and sensitive process that can only take place with the correct legal permissions and for specific reasons.
What is an exhumation?
An exhumation involves the careful removal of human remains from a burial place. This may include burial in a local authority cemetery, a churchyard, or other burial ground.
In the UK, burial is considered a permanent act. As a result, exhumations are not routinely permitted and will only be considered where there are strong, lawful, and clearly evidenced reasons
When might an exhumation be considered?
Each request is considered individually, in limited circumstances, including:
Burial in the incorrect grave or plot as a result of an error
Re burial in a family grave or different cemetery
Transfer of remains to another country
Burial arrangements that do not meet religious or cultural requirements
Legal, medical, or forensic reasons, including instructions from a coroner or court
Exceptional cases involving redevelopment, where graves cannot remain undisturbed
Permission required before an exhumation
You must have legal authority before any exhumation can take place.
The type of permission required depends on whether the burial ground is consecrated.
Consecrated ground
If the burial took place in consecrated ground (usually Church of England churchyards) a Faculty is required from the relevant Diocese and applications are made through the parish priest or diocesan office
Unconsecrated ground
If the burial took place in unconsecrated ground (most Cornwall Council cemeteries) a licence will be required from the Ministry of Justice
Getting advice before you apply
Before submitting any application, you should:
Establish whether the burial ground is consecrated or unconsecrated
Confirm the identity of the grave owner
Ensure all relevant next of kin are informed
Exhumation cannot proceed until all legal permissions have been granted.
What information is usually required?
Applications typically require:
Full details of the deceased
Location of the grave
Clear reasons for requesting exhumation
Proposed arrangements for re burial or re interment
Written consent from the grave owner and relevant relatives
Additional information may be requested depending on the circumstances.
Timescales
Exhumation applications can take several weeks or longer. Timescales depend on:
Whether a Ministry of Justice licence or Faculty is required
The completeness of the application
Any consultation required with other authorities
No arrangements should be made until permission is confirmed.
Costs
All costs associated with an exhumation are normally the responsibility of the applicant. Costs may include:
Licence or application fees
Cemetery or church fees
Funeral director and specialist contractor fees
Re burial or re interment charges.
Please consult our fees and charges schedule for details of how much the Council charges for its exhumation services.
How exhumations are carried out
Where permission is granted, exhumations are:
Carried out by experienced and suitably qualified professionals
Supervised by an Environmental Protection Officer to ensure that respect for the deceased person is maintained and that public health is protected. The Officer will also ensure that all licence conditions are met.
Usually arranged for early in the day and public access is restricted
Subject to health, safety, and environmental controls
Sensitivity and support
We recognise that exhumation requests are often made during difficult and emotional circumstances. You may wish to seek advice or support from:
A funeral director
A religious or spiritual adviser
Cornwall Council will deal with all enquiries sensitively and confidentially.