Unclaimed Estates and Bona Vacantia: When the Government Inherits

Every year, thousands of estates in England and Wales pass to the Crown because no qualifying relatives can be found. These estates appear on a published list — and anyone who believes they may be a relative of the deceased has a window to make a claim. Understanding how the system works is important whether you are a potential claimant, an executor dealing with an estate that appears to have no beneficiaries, or simply curious about what happens to unclaimed wealth.

What Is Bona Vacantia?

Bona vacantia literally means “vacant goods” in Latin. In English law, it is the doctrine that property which has no owner passes to the Crown. In the context of estates, bona vacantia arises when a person dies intestate and there are no relatives within the intestacy hierarchy to inherit.

The intestacy rules in England and Wales (under the Administration of Estates Act 1925) create a strict hierarchy of relatives who can inherit. In order of priority, these are: spouse or civil partner, children (including adopted children), parents, full siblings, half siblings, grandparents, full aunts and uncles (and their descendants), half aunts and uncles (and their descendants). If none of these relatives survive the deceased, the estate passes to the Crown as bona vacantia.

Importantly, cohabiting partners, step-children, and other non-biological relatives are not included in the intestacy hierarchy and cannot inherit under intestacy — regardless of how long they lived with the deceased or how close the relationship was. If a person in this situation dies intestate with no blood relatives, even their long-term partner receives nothing and the estate becomes bona vacantia.

The Bona Vacantia List

The Government Legal Department (GLD) administers bona vacantia estates on behalf of the Crown. It publishes a searchable list of estates that have been referred to it on its website at bonavacantia.gov.uk.

The list includes:

• The deceased’s surname and, in many cases, forename and initials.
• The date of death.
• The district where the deceased was last known to live (not always the exact address).
• The approximate value of the estate in some cases.
• A reference number for the estate, which must be quoted in any correspondence with GLD.

The list is not exhaustive or immediate — estates are only added once GLD has been notified of a potential bona vacantia situation, usually by the deceased’s administrator, solicitor, or local authority. There can be a significant delay between the date of death and the estate appearing on the list. Estates may also be removed from the list once a claim has been accepted or the estate has been fully administered.

Making a Claim: Evidence and Process

If you believe you are a relative of someone on the bona vacantia list — for example, a distant cousin or the child of a half-sibling — you can make a claim to GLD. The process involves:

• Contacting GLD: Send a letter or email to the Bona Vacantia Division of GLD, quoting the estate reference number and setting out your claimed relationship to the deceased.
• Documentary evidence of descent: You will need to prove your family connection through official documents — typically birth certificates, marriage certificates, and death certificates covering the chain of descent from a common ancestor. Where records are old or from overseas, certified translations and notarial certificates may be needed.
• Establishing the hierarchy: GLD needs to be satisfied not just that you are related to the deceased, but that you are the closest surviving relative in the intestacy hierarchy. If there are other potential claimants, GLD may require all parties to establish their position.

The 12-year window is measured from the date of death — not from the date the estate appeared on the list. After 12 years, the estate funds are paid into the Consolidated Fund (the government’s central account) and claims are no longer entertained, with very limited exceptions.

Professional heir tracers — also called genealogists or heir hunters — specialise in locating relatives of bona vacantia estates. They typically work on a “no win, no fee” basis, taking a percentage of the estate (often 25–40%) if a successful claim is made. They may approach potential heirs directly after identifying them through research. You are not obliged to use an heir tracer — you can submit a claim directly to GLD yourself — but they can be helpful where the genealogical research is complex.

Reporting a Potential Bona Vacantia Estate to GLD

If you are administering an estate — as an executor, administrator, or solicitor — and you have been unable to identify any surviving relatives despite reasonable enquiries, you have a duty to report the estate to GLD as a potential bona vacantia.

Reasonable enquiries before making a referral include:

• Searching the deceased’s papers for details of family members.
• Placing a statutory notice in The Gazette and a local newspaper (under section 27 of the Trustee Act 1925) inviting claimants to come forward.
• Making enquiries with the deceased’s neighbours, GP, and other contacts who might know of relatives.
• Considering whether to instruct a professional genealogist to search for relatives before making a referral.

GLD will then take over administration of the estate, gather in assets, pay debts, and either administer the estate if no claim is made or pay any successful claimant. As executor or administrator, you are entitled to recover reasonable expenses and professional fees from the estate before the remainder passes to GLD.

The Duchy of Lancaster and Duchy of Cornwall: The Two Exceptions

Not all unclaimed estates pass to the Crown through GLD. Two historic Duchy territories have their own arrangements:

• Duchy of Lancaster: Bona vacantia estates arising in the Palatinate of Lancaster (broadly, Lancashire, Greater Manchester, and Merseyside) pass to the Duchy of Lancaster rather than to GLD. The Duchy publishes its own list and handles claims separately. The Duchy of Lancaster’s bona vacantia list can be found on the Duchy’s website.
• Duchy of Cornwall: Similarly, bona vacantia estates arising in the County of Cornwall pass to the Duchy of Cornwall, which is the estate of the Prince of Wales. The Duchy of Cornwall publishes its own list and manages claims accordingly.

If the deceased lived in Lancashire, Greater Manchester, Merseyside, or Cornwall, you should contact the relevant Duchy rather than GLD to make a claim or referral. Both Duchies use the bona vacantia funds in part for charitable purposes in their respective areas.