Ownerless property passes to the Crown if someone dies with no known family or without leaving a Will. Find out who handles 'bona vacantia' and how to claim or refer an unclaimed estate.
BONA VACANTIA: The term means 'vacant goods'. It refers to different types of properties that pass over to the Crown according to the law.
In most cases, it will be money. But, it can also be buildings or even the personal possessions of a deceased person.
As a relative of someone who died, you may have some entitlement to a share of their estate (money and property).
First of all, you must check if the Crown has listed the estate. The next step is to make sure you qualify as an entitled relative. Following that, you can make a claim on the deceased person's estate.
Note: You can also refer an unclaimed estate to the Crown if you discover they have not listed it (see below).
You may be able to apply for a grant from the estate even if you are not related to the deceased person. In most cases, it applies to people who live together or to someone who takes care of a sick person before they die.
The Treasury Solicitor acts for the Crown as part of the Government Legal Department. With the exception of the Duchies of Cornwall and Lancaster, the department handles bona vacantia in England and Wales.
They administer the estates of people who die without known kin (entitled blood relatives) and intestate (without a Will). They also collect the assets of dissolved companies and other various ownerless goods.
Note: The Government Legal Department publishes an updated list of unclaimed estates held by the Treasury Solicitor.
The Government Legal Department publish adverts to try and find any entitled relatives. You would need to prove a relationship with the deceased person if you reply to an advert. As a rule, that means you need to have a birth, a marriage, or a death certificate.
There are several other bodies that represent the Crown when dealing with bona vacantia, such as:
You should find out whether you are 'entitled' before you make a claim on someone's estate. As a general rule of thumb:
Note: You can check intestacy online. It is a way of determining who has entitlement to a share of someone's estate if they die intestate (without making a Will).
As an adopted person you would have:
Note: It would be the adoptive family who have the rights to the estate if the deceased was an adopted person.
Follow these three steps if you believe you have an entitled claim on an estate in England and Wales (excluding Cornwall or Lancashire):
Note: The process differs in the Duchies of Cornwall and Lancaster, and in Scotland or Northern Ireland. Instead, contact the relevant body that represents the Crown (see above).
You will need to send in a family tree that shows your relationship to the deceased. You also need to provide two separate pieces of identification.
One should show your full name and the other should show your name and address (dated in the last three (3) months). They may also require your birth, death, or marriage certificate.
You can refer an estate to one of the bodies that represents the Crown. The referral should be a situation whereby someone died and:
You can use a form to notify the Bona Vacantia division that a person died without leaving a Will or any known blood relatives. It applies to England and Wales (with the exceptions of the Duchies of Cornwall or Lancaster).
Note: The estate would need to be worth at least £500 for the Government Legal Department to handle it.
In some cases, you can apply for a grant from the estate of a deceased person. It might apply if you could have expected to benefit from it. Typical examples include situations where:
Note: You can apply for grants from a deceased person's estate without being related to them.
You will need to contact the Government Legal Department and give them as much supporting information as you can. Inform them that your claim is for a 'discretionary grant'.
Government Legal Department
Bona Vacantia Division (BVD)
PO Box 70165
London WC1A 9HG
Email: [email protected]
Telephone: 0207 210 4700
Fax: 0207 210 3104
Landline and mobile calls comparison.
The process differs in the Duchies of Cornwall and Lancaster, and in Scotland or Northern Ireland. Instead, contact the relevant body that represents the Crown (see above).
How to Claim or Refer an Unclaimed Estate in the United Kingdom