Bona Vacantia
Our specialist probate research team work on bona vacantia cases within the public domain and ensure that the quality and reassurance provided to the legal sector for decades is carried through to all beneficiaries we contact, even when the pressure is on to work to tight deadlines.
Services
What Is Bona Vacantia?
In the realm of legal terminology, “Bona Vacantia” is a Latin phrase that translates to “vacant goods” in English. In the context of the United Kingdom, Bona Vacantia refers to the legal principle surrounding property that becomes ownerless and unclaimed. This concept is essential in the realm of estate law and plays a crucial role in determining what happens to assets when no rightful owner can be identified.
Definition
Bona Vacantia encompasses assets or property that, for various reasons, have no discernible owner. This can occur in several situations, such as when an individual dies without a will or known heirs, when a company is dissolved without properly distributing its assets, or when an estate is not claimed within a specified period.
Role of the Crown
In the UK, Bona Vacantia is closely tied to the Crown. Each estate must be claimed within 12 years before it automatically passes to the Crown or the Duchy of Lancaster or Cornwall, depending on the specific circumstances and the location of the property. The Crown’s involvement ensures that unclaimed assets are managed and, if possible, put to good use for the benefit of the public.
Estate of Deceased Individuals
One of the most common scenarios where Bona Vacantia comes into play is the estate of deceased individuals. When someone passes away without leaving a valid will or without known heirs, their estate may be declared Bona Vacantia. The Crown then takes control of the assets, and efforts are made to locate any potential heirs. If no heirs are found within a specified period, the property becomes the property of the Crown.
Companies and Dissolved Entities
Bona Vacantia also applies to the assets of dissolved companies or entities. If a company is dissolved and its assets are not properly distributed, those assets may be declared Bona Vacantia. The relevant government authority then steps in to take control of the assets and, if possible, locate any rightful owners.
Unclaimed Assets
In some cases, assets may be deemed Bona Vacantia simply because they have been unclaimed for an extended period. This can include bank accounts, stocks, or other financial assets where the owner cannot be identified or located.
What We Do
When a deceased dies with no known next of kin, our specialists can provide you with the support needed for your case by utilising years of experience in uniting beneficiaries with unclaimed estates, property and funds. This, paired with being able to adapt to new situations easily, means that you can rest assured that you are receiving the highest-value service, tailored exactly to your requirements with no detail spared. Cases worked by our bona vacantia department are predominantly conducted at our own risk and expense. The cases we choose to work are selected carefully and, we hope, will bring a welcome inheritance or windfall to the heirs we locate. The contingency fee model means that only when heirs are paid, can we be paid, and should the case be written off or prove to be of no value, the beneficiaries will owe us nothing. We may be faced with deadlines to complete a family tree or close off all lines of research quickly, and we can respond promptly to such circumstances.
Bona Vacantia List
Each year thousands of people in England and Wales die before, or without, making a will. If there is no immediate next of kin to claim an inheritance, the estate is guarded by the Government’s Bona Vacantia Division (BVD). This estate is held in “trust” and if no heir is found the estate passes to the crown.
bonavacantialist.co.uk provides a list of Unclaimed Estates in England and Wales in the hope of finding the rightful heir to a currently unaccounted estate. This free to use website reuses data supplied by BonaVacantia division of the Government Legal Department.
Need assistance proving your claim on an estate?
You may find that you need help with proving your claim on an estate for many reasons including:
- No money to pay for legal assistance or reluctant to incur legal fees
- An heir hunter is asking for a fee that may be too high
- You are too busy to do this yourself
- You do not have the ability to do this yourself
- You live abroad and do not have access to everything that is required Whatever the reason, send us the details using our contact page or call our team free of charge on 0800 085 8796 for immediate advice.
Whatever the reason, send us the details using our contact page or call our team free of charge on 0800 085 8796 for immediate advice.
Rules of Intestacy
In England & Wales, when a person dies without a valid will, their estate is subject to the intestacy rules, which determine how their assets are distributed. Intestacy laws provide a framework for the fair and legal distribution of the deceased’s property and assets among their surviving relatives.
The intestacy rules determine the order of priority for the distribution of assets. The first consideration is whether the deceased left a surviving spouse or civil partner. If there is a surviving spouse or civil partner but no issue, the entire estate will usually pass to them. However, if there are children, the surviving spouse or civil partner will receive a statutory legacy (a fixed sum) and personal chattels, with the remaining estate divided equally between the spouse or civil partner and the children.
Find out more, here