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When someone dies without a will and has no eligible relatives — no spouse, no children, no parents, no siblings, no grandparents, no aunts or uncles — their estate does not simply disappear. Under English law, it passes to the Crown as bona vacantia. This guide explains what this means, who might be able to claim, and what the process involves.
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Bona vacantia is a Latin phrase meaning “ownerless goods.” Under English law, property that has no owner — including an estate where there are no eligible heirs — passes to the Crown.
In England and Wales, bona vacantia estates are handled by the Government Legal Department (GLD), through the Treasury Solicitor's bona vacantia team. In the Duchy of Lancaster, the estate passes to the Duchy of Lancaster. In the Duchy of Cornwall, it passes to the Duchy of Cornwall.
The Crown does not simply keep everything in a bona vacantia estate. The Treasury Solicitor has a policy of considering reasonable claims and making discretionary payments, even to people who have no legal entitlement under the intestacy rules.
For an estate to pass as bona vacantia, all eight levels of the intestacy priority order must be absent:
In practice, this is relatively uncommon — but it does happen, particularly with people who have outlived most of their family, never married, and had no children. It can also happen where the family structure is complex and existing relatives cannot be traced.
For the full intestacy overview, see our main intestacy guide.
Where an estate is bona vacantia, the Treasury Solicitor or Duchy takes responsibility for administering the estate. They will apply for letters of administration in their capacity as administrator for the Crown.
A creditor of the estate (someone owed money by the deceased) can also apply for letters of administration. A cohabiting partner who has a potential Inheritance Act claim may be able to apply in some circumstances.
The Treasury Solicitor has the power to make discretionary payments from bona vacantia estates to people who were close to the deceased, even if they have no legal entitlement. The Treasury Solicitor's guidance identifies several categories of potential claimants:
To make a claim, write to the Treasury Solicitor's bona vacantia team. Claims should be made as promptly as possible. Inheritance Act claims must be made within six months of the grant of letters of administration.
The family home forms part of the estate and passes to the Crown. If the deceased was a sole owner, the Treasury Solicitor will arrange for the property to be sold and the proceeds added to the estate.
If the property was jointly owned with another person as joint tenants, it passes by survivorship to the surviving joint owner — outside the bona vacantia entirely.
Joint bank accounts, jointly owned investments, and jointly owned property (as joint tenants) all pass by survivorship to the surviving joint account holder or owner — outside the bona vacantia estate. The Treasury Solicitor only deals with assets held solely by the deceased.
Inheritance tax is paid on the estate before it passes to the Crown. There is no exemption for bona vacantia estates — the standard nil-rate band (£325,000 for 2026–27) applies and any amount above it is subject to 40% inheritance tax.
For more detail, see our inheritance tax guide for 2026–27.
Any person who has friends, charities, or a cohabiting partner they wish to benefit from their estate must make a will. The intestacy rules cannot benefit friends or charities in any circumstances. Only a valid will can direct the estate to whoever the person actually wants to benefit.
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