Skip to main content
WUHLD
← Back to glossary

Bona Vacantia

Also known as: Ownerless Goods, Crown Estate

Definition

Bona vacantia is the legal term for ownerless property that passes to the Crown when someone dies without a will and no living relatives can be found to inherit their estate.

Understanding bona vacantia is crucial because it demonstrates the ultimate consequence of dying without proper estate planning—your entire estate could pass to the government rather than loved ones or chosen causes.

What Does Bona Vacantia Mean?

Bona vacantia—Latin for "vacant goods"—arises from a principle of English law that property can never be truly ownerless. Under the Administration of Estates Act 1925, when someone dies intestate (without a will) and no entitled relatives exist under intestacy rules, their estate passes to the Crown. The Treasury Solicitor's Bona Vacantia Division administers these estates on behalf of the Crown, Duchy of Lancaster, or Duke of Cornwall. The same principle applies to dissolved companies under the Companies Act 2006.

When death occurs without a will, intestacy rules determine who inherits: spouse or civil partner, children, parents, siblings, nieces and nephews, grandparents, aunts and uncles. Only when all categories are exhausted does an estate become bona vacantia. The Treasury Solicitor actively searches for relatives—advertising on unclaimed estates lists and conducting genealogical research. Over 80% of estates referred to the Bona Vacantia Division are eventually claimed by relatives. Margaret Davies, 82, died in 2019 without a will. Her £340,000 estate was referred to the Division after her siblings had died. The Treasury Solicitor traced three nephews in Australia who successfully claimed the estate within two years, sharing £113,333 each.

Relatives have up to 12 years from estate administration completion to claim with interest, or 30 years from death without interest under the Limitation Act 1980. After 30 years, the estate becomes permanent Crown property. Claims require comprehensive proof of relationship. David Chen, 67, died in 2021 without a will or children. His £185,000 estate passed as bona vacantia because his first cousins weren't entitled under intestacy rules. When unclaimed, funds support local communities, heritage properties, and biodiversity projects.

Common Questions

"How long do relatives have to claim a bona vacantia estate?" Relatives have up to 12 years from estate administration completion to claim with interest, or 30 years from death without interest. After 30 years, the estate becomes permanent Crown property.

"Can distant relatives like cousins claim a bona vacantia estate?" Yes, distant relatives can claim if no closer relatives exist under intestacy rules. You must provide proof of relationship through birth certificates, marriage certificates, and a complete family tree. Complex claims benefit from professional genealogical research.

"Does all my property go to the Crown if I die without a will?" No—only if you die without a will AND without any surviving relatives entitled under intestacy rules. The Treasury Solicitor conducts extensive searches. Over 80% of apparently ownerless estates are eventually claimed by family members.

Common Misconceptions

Myth: "If I die without a will, the government automatically takes everything"

Reality: Bona vacantia only occurs when someone dies without a will AND no living relatives can be found under intestacy rules. Intestacy rules cover spouses, children, parents, siblings, nieces and nephews, grandparents, aunts and uncles. The Treasury Solicitor actively searches for heirs—over 80% of estates are eventually claimed by relatives.

Myth: "Common law partners automatically inherit, so my estate won't become bona vacantia"

Reality: There is no such thing as common law marriage in England and Wales. Unmarried partners have no automatic inheritance rights, regardless of how long you've lived together. Sarah and Tom lived together for 18 years with two children. When Tom died without a will in 2023, his £280,000 estate passed entirely to his children—Sarah received nothing. Without children or entitled relatives, the estate would have become bona vacantia while Sarah received nothing.

  • Intestacy: Bona vacantia is the ultimate outcome when intestacy rules are exhausted—when no entitled relatives exist.
  • Treasury Solicitor: The government department that administers bona vacantia estates and searches for relatives.
  • Unclaimed Estate: A bona vacantia estate that may still be claimable within 12 to 30 years.
  • Crown: The legal entity that receives bona vacantia property, not personal property of the monarch.

Need Help with Your Will?

Understanding bona vacantia demonstrates why making a will matters—it ensures your estate passes to people you care about rather than potentially becoming Crown property. This is especially critical for unmarried couples who have no automatic inheritance rights.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.