In this guide
When a person dies, they generally leave their estate to their next of kin or other named heirs as part of a will. However, when there is no will and no known heirs, a fortune can go unclaimed.
Known as bona vacantia, ownership of an estate that goes unclaimed is transferred to the Crown, in most cases in England and Wales.
There are approximately 6,000 unclaimed estates on the bona vacantia list, which is updated daily by the government and goes as far back as 1974.
However, if you think you have a claim to an estate being managed by the division, there is a procedure in place to help you find out and start the process to receive a payout.
In this article, we outline who can claim, how to find unclaimed estates and how to claim them.
- What does bona vacantia mean?
- Who can claim bona vacantia?
- How to find unclaimed estates
- How to claim bona vacantia
- How long do I have to make a claim for bona vacantia?
Read more: Guide to writing a will
What does bona vacantia mean?
Bona vacantia literally means “vacant goods” in Latin. In a legal sense, it refers to ownerless property. Bona vacantia can arise when somebody dies without a will or known kin, and the property is therefore not immediately transferred to an heir.
“In English and Welsh law, title to property must belong to an identifiable person or body. No property or goods are permitted to be ‘ownerless’. Ownership of an estate In England and Wales that cannot be established and goes unclaimed is transferred to the Crown,” explains Ian Bond, a partner at Irwin Mitchell Solicitors.
“The exceptions are property in Cornwall and in parts of Lancashire – Cornish unclaimed land passes to the Duchy of Cornwall, which is Prince William now he is Prince of Wales and Duke of Cornwall”.
The Bona Vacantia Division (BVD) deals with unclaimed estates as part of the government’s legal department.
Who can claim bona vacantia?
Just because you’re related to somebody who has died without a valid will, it doesn’t mean that you’ll be first in line to claim it. How entitled you are to the will depends on your relation to the deceased; the priority is as follows:
- Spouse or civil partner
- Children, grandchildren, great grandchildren
- Parent
- Siblings from the same two parents, or their children
- Half siblings, or their children
- Grandparents
- Uncles and aunts, or their children
- Half uncles and aunts, or their children. A half uncle or aunt shares one grandparent with a deceased person
If you’re only related to someone through marriage, you have no entitlement to their estate.
If you’re related to a deceased person via adoption in any way, you have the same claim to their estate as if you were their blood relative. However, the flip side is that you do not have any entitlement to your original birth family’s estate.
Read more: What is probate?
How to find unclaimed estates
The government publishes a list of unclaimed estates, which it updates each day. You can search for deceased relatives, or just enter your surname and see if you have any connection to names on the list.
Alternatively, you may be contacted first by a so-called heir hunter, a private company that traces potentially entitled relatives for commercial gain. These firms do not work for, on or behalf of, the BVD. Finders International is the biggest and most well-known heir hunter. The company typically charges a commission of between 15% and 25% from people’s inheritance once it tracks them down.
“Before an estate can be declared as bona vacantia it has to be advertised on this list,” explains Bond. “Genealogy firms, or ‘heir hunters’, will then aim to identify and locate potential relatives and make contact with them to sign that person up to instruct them to make a claim to the estate on their behalf.”
“With the assistance of the heir hunter, they instruct a solicitor to take out the grant and identify and collect the assets before establishing a full family tree to find out all the relatives that are entitled. Many of the published estates on the website actually have heir hunters locate someone entitled before they pass to the Crown.
Bond adds: “Many people who benefit don’t look at the website lists but instead get a knock on the door. In a world of scepticism of scams and fraud, many doors are closed in the face of the heir hunters.”
How to claim bona vacantia
If you think you have a claim to one of the estates on the BVD’s list, you can contact them to start the process. You can contact the BVD using their email address, which is bvestates@governmentlegal.gov.uk. You can also phone the BVD on 020 7210 4700.
In your initial approach to the BVD, you’ll need to provide a family tree showing your relationship with the deceased, including dates of birth, marriage and death for everybody named on it.
If the BVD thinks you have a legitimate claim, they will request additional documentation to prove it. In accordance with the government’s website, this includes:
- Full birth certificates (showing the parents’ names) and marriage certificates of each person between you and the deceased (including yours and the deceased’s).
- Identification documents which provide proof of your name and of your name linked to your address (see a list of acceptable ID documents at the end of this guide)
- A full explanation, supported by evidence, of any discrepancies in the documents supplied with your claim or about any missing documents but you should note that these may affect the acceptance of your claim
- If you are a third party who represents a claimant you will also need to provide written confirmation that you have been instructed by the claimant to make a claim. This could be in the form of a contract signed by the claimant as long as it contains a clause confirming that the claimant has instructed your firm to make a claim on their behalf, or in a separate letter of authority signed by the claimant to this effect.
You may be asked for further evidence.
To obtain documents requested by the BVD, you can contact the registry offices where the life events took place.
“The claims process can potentially take a couple of years”
“There’s no definitive answer to how long it takes from making a claim to getting a payout, but it’s certainly not quick,” explains Bond.
“If you are an entitled heir this puts you in front of the Crown in priority. This is usually established by the heir hunter. If they can’t establish the connection definitively, the claim is rejected.
“You then have to get a grant from HM Courts and Tribunals Service (HMCTS) once any due inheritance tax is paid to HMRC. This is then used to collect in assets and sell any property in the name of the deceased. Many bona vacantia properties have been left abandoned and derelict for some years so are less likely to find a buyer.
“Once all loose ends are tied up, the payouts to the entitled beneficiaries can be made. This can potentially be a couple of years, so if you get a knock on the door tomorrow from an heir hunter, don’t rush out to buy a new car with the expected inheritance.”
Read more: What is Free Wills Month?
How long do I have to make a claim for bona vacantia?
You can make a claim to the Bona Vacantia Division for a person’s estate up to 30 years from the date of their death. After this, claims will not be considered by the BVD.
If a claim is made within 12 years from the completion of administration of the estate, the amount that is paid out will include interest paid on top of it. If a claim is made after the initial 12-year period, no interest will be paid.
Read more: What is the inheritance tax threshold?
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