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How to Lay Claim to An Unclaimed Estate

February 16, 2020 By Richard Farrell

When a person dies without a will in England or Wales, and there are no known blood relatives, the assets pass to the Crown as ‘ownerless property’.

This ‘bona vacantia’ as it’s quaintly called in Latin (meaning unclaimed goods) could be any possession from a mediaeval castle to a mattress stuffed with bank notes to a single silver teaspoon.

However, if a previously unknown relative turns up, and they can prove the bloodline or relationship, they could be entitled to a share. We decided to dedicate an article to this probate version of a lotto ticket.

How to Go About Claiming Against an Unclaimed Estate

Let’s say, just for example you were rummaging through your late mum’s papers, and learned for the first time she had an estranged brother who was a bachelor all his life.

1… You find a letter from said Uncle Harry in her papers telling her he was going to leave his amassed fortune to a cats’ home.  All because his family did not understand him. You decide to have a punt at this.

2… You locate a service that traces genealogy records. It costs close to a hundred pounds to prove your mum had a brother Harry and there is no record of marriage / children. Another 35 pounds buys you a copy of his death certificate. You have confirmed there is no will listed in the probate documents for England and Wales.

3… If you wanted to take this further then your next port of call would be the Government Legal Department. This is responsible for bona vacantia in England and Wales.

4… Your next step would be to visit the list of unclaimed estates at this link. Note though that you will only find qualifying estates there that have not yet been closed out. And that they automatically close out 30 years after the date of death.

5… If you find Uncle Harry on the list, then we recommend you lodge a claim with the Government Legal Department / Farrer and Company ASAP.  Your time clock may be ticking faster than you think. They will want to see your family tree and other supporting evidence you have.

6… If you can’t find Uncle Harry listed, then your last hope could be to refer his estate to the Treasury Solicitor who may be able to assist you. It’s a very long shot but you have come so far you may as well complete the process.

Simple Steps That Matter

That’s about all you need to know about a topic few people are aware exists. It’s something you may like to play with on a winter’s evening instead of watching television. You could have several relatives you lost touch with, and the government may be sitting on a pile of their money.

If you are not a relative, but can prove:

  • you were a deceased person’s partner, or lived with them and / or
  • provided free support

you may also have a claim against their bona vacantia provided the thirty years have not elapsed. The government is not entitled to the money when someone else is.

More Reading

Probate Caveat – What It Is and What It Does

Valid and Invalid Wills – The Pitfalls to Avoid

Related

Filed Under: Chattels Valuation, Probate Valuation Tagged With: bona vacantia, ownerless property, probate contents valuation, probate valuation golders green, probate valuation house contents, valuing house contents probate

Our House Clearance Services

We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
  • We can reinstate the gardens and maintain them whilst the property is empty.
  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

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