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Arthur and June are an illustration, drawn from the kind of situation we see regularly. Arthur was an 86-year-old widower with no children who had lived in the same Reading street for forty years. For the last ten, his neighbour June had done his shopping, collected his prescriptions and sat with him most evenings.
“Don’t you worry,” he used to tell her. “You’ll be looked after.”
Arthur never made a will. When he died, his house and savings were worth a little over £400,000. June had no automatic entitlement to inherit. Nor did the second cousin in Canada whom probate researchers eventually traced. Assuming there were no other entitled relatives and no successful discretionary or court claim, the estate passed to the Crown.
Arthur meant well. The law, however, does not read intentions. It reads documents.
What Does Bona Vacantia Mean?
Bona vacantia is Latin for “ownerless goods”. Where someone dies without an effective disposition of their estate, and there is no relative entitled to inherit under the applicable intestacy rules, the undisposed-of-estate may pass to the Crown. This can arise not only where there is no will, but also where a valid will fails to dispose of some or all of the assets.
In most of England and Wales the Government Legal Department deals with such estates; in the Duchies of Lancaster and Cornwall the Duchies’ solicitors act; in Scotland the King’s and Lord Treasurer’s Remembrancer is responsible; and in Northern Ireland the Crown Solicitor’s Office is involved. The intestacy rules themselves also differ between jurisdictions. GOV.UK publishes a short overview of unclaimed estates and bona vacantia.
It is not a confiscation scheme. It is the law’s answer to a simple problem: property cannot be left without an owner. But for the people left behind, it can feel very much like one.
Who Is Entitled to Inherit When There Is No Will?
In England and Wales, the intestacy rules follow a statutory order. Spouses or civil partners and descendants take priority, according to the circumstances. In their absence, the order proceeds through parents, whole-blooded siblings and their descendants, half-blood siblings and their descendants, grandparents, whole-blooded aunts and uncles and their descendants, and finally half-blood aunts and uncles and their descendants.
First cousins qualify as the descendants of an aunt or uncle, and their own descendants may qualify in the same way. A second cousin does not. That relationship runs back to a shared great-grandparent, and the statutory order stops at grandparents. Legally adopted children are treated as children of their adoptive parents for these purposes. GOV.UK sets out how to check if you are an entitled relative and who inherits under the intestacy rules.
Just as important is the list of people who cannot inherit, however close they were:
- second cousins, whose relationship runs through shared great-grandparents, and more remote relatives – which is why Arthur’s second cousin in Canada had no entitlement;
- relatives by marriage, including in-laws and stepchildren who were never adopted;
- unmarried partners, however long the relationship;
- friends, neighbours and carers, like June.
How to Make a Bona Vacantia Claim
If you think a relative’s estate has passed as bona vacantia, start with the unclaimed estates list, which the Government Legal Department updates regularly. To claim, you will need a family tree showing your relationship to the deceased, two forms of identification, and usually birth, marriage and death certificates linking each generation.
The burden is on the claimant to establish entitlement, and assembling several generations of certificates can take months. There are also published time limits. The Government Legal Department generally accepts claims within 12 years of the completion of the estate administration, and may consider fully documented claims up to 30 years from the date of death, without interest for the later period. Claims made more than 30 years after death are not accepted under its published policy. Act promptly, and check the current guidance before making a claim.
You may also be contacted by a probate research firm, sometimes called a heir hunter, offering to trace the family in return for a percentage of whatever you receive. Some do valuable work. Read any agreement carefully before you sign away part of an inheritance you might have been able to claim yourself.
Bona Vacantia and Discretionary Grants for Carers and Partners
June was not without hope. Where an estate has passed to the Crown, it may make a discretionary grant to a person whom the deceased might reasonably have been expected to benefit. A long-standing unpaid carer, close friend or cohabiting partner may have grounds to apply, depending on the evidence and the applicable policy. June’s ten years of practical support could be relevant, but no grant is guaranteed.
Separately, an eligible surviving partner or dependant may be able to seek financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, subject to statutory conditions and strict court deadlines. Neither route offers the certainty of a properly drafted will.
A Trap for Business Owners: The Dissolved Company
Bona vacantia is not only about individuals. When a limited company is dissolved, property and rights beneficially owned by it immediately before dissolution generally vest in the Crown, subject to statutory exceptions and the Crown’s power to disclaim. This can include bank balances, land and intellectual property.
We have seen a retiring director close a company with a forgotten deposit account still open. Recovering that balance may mean restoring the company, although other remedies can be available in particular cases, including dealing directly with the Crown’s representative. Assets held on trust for others require separate consideration. If you are winding down a business, review its remaining assets and liabilities before applying for strike-off; our guidance on business property and family legacy sets out what to look for.
How a Properly Drafted Will Keeps Your Estate Out of the Crown’s Hands
The obvious lesson from Arthur is “make a will”. The less obvious one is that a basic will is not always enough. Even a valid will may leave a partial intestacy if it does not dispose of every asset, if a gift fails, or if named beneficiaries die before the testator and there are no effective substitutes. If there is no qualifying relative to take the undisposed-of-property, bona vacantia may follow. A well-drafted will anticipates these possibilities through appropriate substitute gifts and an ultimate default beneficiary, which might be a charity.
Not every asset passes under a will or the intestacy rules. Jointly held property may pass by survivorship, depending on how it is owned, while pension and death benefits may be governed by separate scheme rules or nominations. Where the intended recipients are not family in the legal sense – a carer, an unmarried partner or a stepchild – precise drafting matters a great deal. A discretionary will trust may provide flexibility where appropriate. This is the thinking behind our bespoke legal architecture: documents built around your family and assets as they really are, not as a template assumes them to be.
Arthur’s promise to June would have taken one paragraph to keep. If your family tree has gaps, or the people who matter most of you are not on it, our initial estate view is at no cost.
Visit our page for families, or call 0118 934 7920.
Bona Vacantia: Common Questions
No automatic entitlement arises under the intestacy rules for an unmarried partner, regardless of the length of the relationship. If there is no entitled relative, the estate may pass to the Crown. Depending on the circumstances, a surviving partner may be eligible to seek financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, or to apply for a discretionary grant where the estate is bona vacantia. Different eligibility rules and deadlines apply to each route.
Possibly. The Crown may consider a discretionary grant where the applicant can show that the deceased might reasonably have been expected to provide for them. Evidence of substantial unpaid care or a close relationship may help, but an award is not an entitlement and depends on the circumstances and the published policy.
Yes. Under the Government Legal Department’s published policy, claims from entitled relatives are generally accepted within 12 years of the completion of the estate administration, with interest where applicable. Fully documented claims may be considered up to 30 years from the date of death, but interest is not paid for the later period. Claims made more than 30 years after death are not accepted by its Bona Vacantia Division. Check the current policy and act promptly: tracing the family tree and gathering certificates can take considerable time.
Start with the unclaimed estates list, which the Government Legal Department updates regularly. To claim, you will need a family tree showing your relationship to the deceased, two forms of identification, and usually birth, marriage and death certificates linking each generation. Assembling three or four generations of certificates can take months, so begin early.
Assets beneficially owned by a company immediately before dissolution generally vest in the Crown as bona vacantia, subject to exceptions and to possible disclaimer. Recovering a bank balance may require restoration of the company, but the appropriate route depends on the asset and the circumstances. Identify and deal with remaining assets before dissolution wherever possible.
Yes, though different bodies deal with it. In most of England and Wales it is the Government Legal Department, and in the Duchies of Lancaster and Cornwall the Duchies’ solicitors. In Scotland it is the King’s and Lord Treasurer’s Remembrancer, and in Northern Ireland the Crown Solicitor’s Office. The intestacy rules themselves also differ between jurisdictions.