Call +380 77 882 77 77Ask about exhumation
The 30-second version.
- In England and Wales you cannot exhume a body or buried ashes without an exhumation licence from the Ministry of Justice. The licence is free, and a decision is normally made within 20 days.
- If the grave is in ground consecrated by the Church of England, you need a faculty from the diocese instead of a licence.
- The application is signed by all next of kin of the same degree and by the grave owner. The family can be in Ukraine: scanned copies are accepted by email.
- Before a body leaves England, the coroner must be given notice. The body can be removed no earlier than four clear days after the coroner receives it.
- In Scotland a solicitor applies to the sheriff court; in Northern Ireland the Department for Communities gives consent.
- Our exhumation costs from €500 plus the cost of repatriation from the UK. We work out the exact amount for your situation.
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The application is usually made by the next of kin. The Ministry of Justice sets the order like this: spouse or civil partner, then all children and both parents, then brothers and sisters, then grandchildren and grandparents. A divorced spouse and an unmarried partner are not treated as next of kin. They can still apply, but they have to explain why they are the ones applying.
All living relatives of the same degree must consent. If the person had three children, all three sign. If someone objects, this goes in a covering letter. The Ministry takes every objection into account, but the views of the next of kin usually count for more than those of more distant relatives.
You also need the consent of the owner of the exclusive right of burial, the person the grave plot is registered to. Without it a licence is not normally granted, because the licence only permits the exhumation; access to the grave is the owner's to give.
A family in Ukraine is not a problem. The Ministry accepts legible scans or photos of the completed form by email and issues the licence electronically. If someone acts for a relative under a power of attorney, it has to be a registered Lasting Power of Attorney or a deputyship. A power covering financial affairs only will not normally do. We can explain separately how to arrange a power of attorney from Ukraine.
Exhumation licence and other permissions
England and Wales
The rule comes from section 25 of the Burial Act 1857, as substituted in 2015: removing a body or remains from a place of burial is an offence unless it is done under a licence from the Secretary of State or, for land under the jurisdiction of a Church of England consistory court, under a faculty. The licence is issued by the Ministry of Justice (Coroners, Burials, Cremation and Inquiries team).
How to apply:
- The family fills in Part A of the form "Application for a licence for the removal of buried human remains". With the guidance notes it runs to 12 pages.
- The burial authority (whoever runs the cemetery) completes Part B and names the local Environmental Health office. It may charge for this.
- The completed form goes to coroners@justice.gov.uk. Post is possible but slower.
The Ministry does not charge for the licence. The form says a decision is normally made within 20 days of receipt. A licence is valid for 12 months and can be extended.
For a body going abroad you attach two letters: one from the cemetery in Ukraine confirming it will accept the burial, and one from the carrier (airline or shipping agent) confirming it will transport the remains.
Consecrated Church of England ground
If the grave is in ground consecrated according to the rites of the Church of England, you need a faculty from the diocesan consistory court. Since 2015 a faculty is enough even when the remains go to unconsecrated ground or abroad, and no separate Ministry licence is needed. That is what the Act says and what the table in the Ministry of Justice guidance notes shows. Some council websites still mention the old rule requiring both. Ground consecrated by the Roman Catholic Church or the Church in Wales does not have the same legal effect. The cemetery will tell you whether your plot is consecrated. Some councils say a faculty takes 4–6 weeks and there may be a fee. The Church treats burial as final, so a faculty for exhumation is not normally granted without special circumstances. The reasons for the move need to be set out in detail, and the outcome cannot be known in advance.
The coroner
Removing a body out of England falls under the Removal of Bodies Regulations 1954. Notice in the prescribed form goes to the coroner for the area where the remains lie. The body may not leave England until four clear days after the coroner receives the notice, unless the coroner confirms in writing that no further enquiries are needed.
Scotland
The process is different. The official mygov.scot site says you need a solicitor, who gets information from the burial ground administrator and asks the sheriff court for permission. Once the court agrees, the exhumation is arranged with the burial ground. Section 27 of the Burial and Cremation (Scotland) Act 2016 lets Scottish Ministers bring in a new procedure by regulations. We check with the local authority whether anything has changed by the time of your case.
Northern Ireland
In council-owned burial grounds, exhumation without the written consent of the Department for Communities is an offence. The council provides the form and completes Part B. If relatives of the same degree disagree, the Department will usually refuse. For burial grounds not owned by the council, you apply to your council's Environmental Health section. The applicant must tell the PSNI the date and time of the exhumation.
When an exhumation can take place
In England and Wales the law sets no minimum period after burial and no months when exhumation is banned. The cemetery sets the date and time. Work normally starts early in the morning, before the cemetery opens. In Greenwich, for example, it is around 4 or 5 am.
Public health is the job of the Environmental Health Officer, who can stop the exhumation if lifting the coffin would create a health risk. We have not found an official list of diseases that rule out exhumation. If the person died less than 12 months ago and the remains are to be cremated, the application must give the cause of death.
Ashes and a coffin are treated differently. Cremated remains buried in the ground or in an underground vault also need a licence. Ashes kept above ground, for example in a columbarium niche, do not need one, only the consent of the niche owner. Scattered ashes are not regarded as buried. If ashes were buried without a container, it may not be possible to recover them, and the Ministry takes advice from the burial authority.
How an exhumation is carried out
The work is done by cemetery staff or a specialist contractor, with an Environmental Health Officer from the council present. Councils describe the officer's role like this: check that the correct grave is opened and that the coffin nameplate matches the licence, and make sure the site is screened, all remains and pieces of the old coffin go into a new approved coffin, the coffin is properly sealed and the area is disinfected.
Relatives can attend or appoint a representative to attend. Greenwich, for example, advises against going because it can be very distressing.
For transport to Ukraine you need a sealed, airtight metal coffin. Ukrainian law requires this for a body brought into the country. We arrange it with a local funeral director.
There is another route: cremate the remains in the UK and bring the urn home. You tick cremation on the licence application and the crematorium confirms in writing that it will accept the remains. An urn is simpler and cheaper to transport, but that is the family's decision and we will not push it.
Documents for taking remains to Ukraine
On the UK side:
- the Ministry of Justice licence or the faculty;
- the letters from the cemetery in Ukraine and from the carrier attached to the application;
- the notice to the coroner and the coroner's acknowledgement;
- the death certificate.
On the Ukrainian side, Article 22 of the Law of Ukraine "On Burial and Funeral Business" requires:
- a death certificate or another document from a competent authority;
- a certificate that the coffin contains no prohibited items, issued by a competent authority of the country and legalised by a Ukrainian consulate or embassy;
- a sealed, airtight metal coffin.
If needed, the UK death certificate is apostilled by the FCDO Legalisation Office (the standard service is £45 per document plus delivery), and we translate the documents into Ukrainian. Consular steps are handled by the Embassy of Ukraine in the United Kingdom. Councils also advise checking in advance with the embassy of the destination country whether its customs need any extra papers.
Ashes are simpler. The Ministry of Justice does not ask for letters from the cemetery or the carrier when cremated remains go abroad. An urn can usually travel as hand luggage, but check the airline's rules beforehand and keep all documents with you.
Reburial in Ukraine
A UK licence does not give the right to bury someone in Ukraine. For that you need permission from the executive committee of the village, town or city council where the new grave will be. That confirmation from the Ukrainian cemetery is also the letter you attach to the UK application, which is why we suggest running the Ukrainian side in parallel. That way the council's permission is ready when the licence arrives.
Exhumation costs in the UK
The Ministry of Justice licence is free. The costs come from elsewhere:
- the cemetery, for completing Part B and for the work;
- the exhumation contractor;
- a new coffin or casket;
- taking down and putting back the headstone;
- the diocese, for a faculty, if the ground is consecrated.
Some examples from official council websites:
| Council | What it covers | Amount |
|---|---|---|
| Royal Greenwich (London) | contractor, new casket, transport | around £2,500–3,000 |
| Chesterfield | exhumation of cremated remains (charges from 1 April 2026) | £500 |
| Chesterfield | exhumation from a full grave | at cost |
Every council sets its own charges, so we ask the specific cemetery for a quote.
Our exhumation costs from €500 plus the cost of repatriation from the UK. We work out the exact amount for your situation. For the transport there is no advance payment: you pay after handover, under a contract.
Timeline: from the first call to the funeral in Ukraine
| Stage | Approximate time |
|---|---|
| First call, grave details, relatives' consent | 1–2 weeks |
| Part B from the cemetery, application to the Ministry of Justice | 1–2 weeks |
| Ministry decision | normally up to 20 days |
| Faculty, if the ground is consecrated | 4–6 weeks according to councils |
| Council permission in Ukraine (in parallel) | depends on the council |
| Exhumation date agreed with the cemetery | 1–3 weeks |
| Notice to the coroner | at least 4 clear days |
| Transport and funeral in Ukraine | a few days |
In total it usually takes several weeks, and two to three months in harder cases. The timing depends on the authorities, not on us. If a relative objects or the grave owner cannot be traced, everything takes longer.
Frequently asked questions
Can we exhume a body in the UK if the whole family lives in Ukraine?
Yes. All next of kin of the same degree fill in and sign the application, and a scanned form is accepted by email. The Ministry also issues the licence electronically. We help with the English form and deal with the cemetery.
How much does an exhumation licence cost?
Nothing: the Ministry of Justice issues it free of charge. The charges come from the cemetery, the contractor, the funeral director and, for consecrated ground, the diocese. Greenwich, for example, quotes £2,500–3,000 for the contractor, a new casket and transport.
How long does an exhumation licence take?
The Ministry's form says a decision is normally made within 20 days of receipt. If the case is urgent, give the reason in the application.
Exhumation of ashes in the UK: do you need a licence?
Yes, if the ashes are buried in the ground or in an underground vault. Ashes in an above-ground columbarium niche need no licence, only the niche owner's consent.
What is a faculty and when do you need one?
It is a permission from a Church of England consistory court. You need one when the grave is in ground consecrated according to the rites of the Church of England. The cemetery will tell you whether the plot is consecrated and give you the diocese's contact details.
How is Scotland different?
There the sheriff court grants permission and a solicitor makes the application. Costs vary from case to case, and the solicitor can give an estimate.
Can the body be cremated after exhumation and the urn brought to Ukraine?
Yes. Cremation is ticked on the application, with written confirmation from the crematorium. If the death was less than 12 months ago, the cause of death must be given.
What to do now
- Find out the name of the cemetery, the grave number and who owns the right of burial.
- Talk to all the next of kin: you will need their signatures.
- Contact the council in Ukraine about a place for the reburial.
- Call us. We will tell you what your case needs and take on the contact with the cemetery, the repatriation and the paperwork. Details of the service are on our page about repatriation of a body from the UK.
We are available 24/7 on +380 77 882 77 77, and on Viber, WhatsApp and Telegram.
Sources
- GOV.UK: Apply for an exhumation licence
- GOV.UK, Ministry of Justice: Apply to exhume human remains
- Ministry of Justice: Application for a licence for the removal of buried human remains, with guidance notes (PDF)
- Burial Act 1857, s.25 (legislation.gov.uk)
- The Removal of Bodies Regulations 1954, reg. 4–6
- mygov.scot: Apply for an exhumation licence
- Burial and Cremation (Scotland) Act 2016, s.27
- Department for Communities NI: Revised policy guidance on exhumations
- Merton Council: single exhumation guidance notes (remains sent abroad, coroner)
- Merton Council: Exhumations (Environmental Health Officer)
- Bracknell Forest Council: Exhumation licence (what the officer checks)
- Royal Greenwich: Request an exhumation (timing, £2,500–3,000)
- Chesterfield Borough Council: cemetery fees and charges from 1 April 2026
- Peterborough Diocesan Registry: Exhumation (faculty since 2015, burial treated as final)
- City of York Council: Exhuming a deceased body (faculty 4–6 weeks)
- GOV.UK: Get your document legalised
- Law of Ukraine "On Burial and Funeral Business", Articles 21–22
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