Claim or refer an unclaimed estate

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1. Overview

When someone dies with no will or known family, their property passes to the Crown as ownerless property (or ‘bona vacantia’). It can be any kind of property, like buildings, money or personal possessions.

You could be entitled to a share of a deceased relative’s property (‘estate’) if you’re a relative.

How to claim

  1. Check if the estate is listed with the Crown.

  2. Make sure you’re an entitled relative.

  3. Make a claim on the estate.

If an estate is not listed, you can tell the Crown about an estate you think is unclaimed.

If you’re not a relative

You can apply for a grant from the estate if you think you may be entitled to a share of a deceased person’s estate (for example if you lived together or you cared for them).

2. Who to contact

The Government Legal Department handles bona vacantia in England and Wales (except in the Duchies of Cornwall and Lancaster).

There’s a list of unclaimed estates published by the Government Legal Department.

Adverts and claims

The Government Legal Department advertises to find entitled relatives. If you reply to an advert, you have to prove your relationship with the deceased, for example with a birth, marriage or death certificate.

Other bodies that represent the Crown

Elsewhere, bona vacantia is dealt with by:

Crown Solicitor’s Office for Northern Ireland
Telephone: 028 9054 6037
Find out about call charges

3. Check if you're an entitled relative

You need to know if you’re entitled before making a claim on an estate. The general rules are:

  • if there’s no will, the person’s spouse or civil partner and then any children have first claim to the estate
  • if there’s no spouse or child, anyone descended from a grandparent of the person is entitled to a share in the estate
  • if you’re related by marriage you have no entitlement

Find out if you’re entitled to a share of the estate.

Adopted people

If you’re adopted:

  • you have the same rights as if you’d been born into your adoptive family
  • you have no rights to an estate of your original birth family

Only the adoptive family have rights to the estate if the deceased person was adopted.

4. Make a claim on an estate

If you think you’re entitled to an estate in England and Wales (but not Cornwall or Lancashire):

  1. Find the estate.

  2. Make sure you’re an entitled relative.

  3. Make a claim on the estate.

In the Duchies of Cornwall and Lancaster, Scotland or Northern Ireland

Contact the relevant body representing the Crown.

Evidence you need

You’ll be asked to send a family tree showing your relationship and 2 pieces of identification:

  • one showing your name
  • one showing your name and address, dated within the last 3 months

You might also be asked to send birth, death or marriage certificates.

5. Refer an estate

If you know someone who has died with no will or known blood relatives, you can tell one of the bodies representing the Crown about their estate.

You should only refer an estate if:

  • the person didn’t leave a will
  • there are no blood relatives
  • the person left more funds than debt – otherwise the estate is ‘insolvent’

How to refer an estate

In England and Wales (except the Duchies of Cornwall or Lancaster), you can download the forms to refer the estate.

The Government Legal Department only handles estates worth £500 or more.

In Scotland, Northern Ireland or the Duchies of Cornwall or Lancaster contact the relevant body representing the Crown.

6. Grants from a deceased person's estate

You can apply for a grant from a deceased person’s estate if you could have expected to benefit from it. This could be where you:

  • provided the person with free services like washing, cleaning, cooking, shopping, home repairs or care where they might otherwise have had to pay
  • lived together with the person (as their partner or as a friend) but were not married
  • represent a charity or other body that cared for the person at considerable expense

You don’t have to be related to the person to apply.

How to apply

In England and Wales (but not Cornwall or Lancashire) apply to the Government Legal Department.

Contact the Government Legal Department stating that you’re claiming a ‘discretionary grant’, including as much supporting information as possible.

Government Legal Department
Bona Vacantia Division (BVD)
PO Box 70165
London
WC1A 9HG

Government Legal Department
bvinfo@governmentlegal.gov.uk
Telephone: 0207 210 4700
Fax: 0207 210 3104
Find out about call charges

In Cornwall, Lancashire, Scotland or Northern Ireland, apply to the relevant body representing the Crown.