Bona Vacantia: Understanding Unclaimed Estates

When individuals pass away without leaving a will or known heirs, their estate can fall into the realm of bona vacantia, where unclaimed property is transferred to the Crown, primarily in England and Wales. Approximately 6,000 unclaimed estates are listed on the government run registry, dating back as far as 1974.

If you believe you have a claim to an estate being managed by the division, then follow the steps outlined in this article to help you find out and start the process to receive a payout. 

Locating Unclaimed Estates

The government maintains a regularly updated list of unclaimed estates, facilitating searches for deceased relatives or potential connections simply by entering a surname.

Alternatively, private heir hunting firms may reach out to potentially entitled relatives, operating independently of the Bona Vacantia Division (BVD).

Ian Bond, a partner at Irwin Mitchell Solicitors, sheds light on the process: “Before an estate can be declared as bona vacantia it has to be advertised on this list. 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.” 

Initiating a Claim: Essential Steps 

If you believe you have a legitimate claim to an estate listed by the BVD, initiating the process involves direct contact with them. This can be done via email ([email protected]) or by phone (020 7210 4700).

Essential details to include in your initial communication are a detailed family tree, outlining your relationship with the deceased, and relevant dates of birth, marriage, and death.

Upon review, the BVD may request additional documentation to substantiate your claim. Guidance on the government’s website 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
• 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. 

BV Claim Deadlines 

Claims for an individual's estate must be lodged with the Bona Vacantia Division within 30 years of the individual's death. Claims made within 12 years of estate administration process being  completed will include interest payments paid on top of the value of the estate. However, claims initiated beyond this period will not accrue any interest.

 

Finders International trace missing beneficiaries to estates, properties and assets.  To see a full list of our services, please visit our website.  Alternatively, you can contact us via telephone +44(0) 20 7490 4935 or email [email protected]