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Unclaimed Estates and Bona Vacantia: How to Claim Your Inheritance

Are you thinking there could be some unclaimed assets left behind by a relative who passed away?

It happens more often than you’d expect. When estates are left without an apparent heir or will, they become bona vacantia—unclaimed estates. This includes things like forgotten savings or untransferred property

If you think there’s an inheritance waiting for you, knowing the steps to claim it is essential. 

Let’s explore how to claim what is rightfully yours.

What Is Bona Vacantia?

Bona Vacantia, which translates to “ownerless goods,” is used for property without a legal owner, commonly when an individual dies without a will or heirs, and the state or Crown takes possession. This can include money, possessions, and land. It also applies to dissolved companies’ assets.

Navigating the legal papers and confirming your rights are necessary when claiming an estate. 

How? Check the steps below:

  • Search for Unclaimed Estates

To begin, search the Bona Vacantia Division’s database and look for the estate of the deceased, listed among those with no will or relatives to claim them.

  • Determine Your Right to Claim

UK law prioritizes estate claims based on your closeness in the family tree, giving higher chances to closer relatives.

The hierarchy is as follows:

  • Spouses and civil partners (if alive)
  • Children
  • Parents
  • Siblings
  • Nieces and nephews
  • Aunts and uncles
  • Cousins

Distant relatives, like cousins, can claim if no closer relatives are alive, but proving your connection may require detailed genealogical research.

  • Gather Evidence to Prove Your Relationship

To claim an estate, you must submit evidence of your relationship, such as birth and marriage certificates. A genealogist may also be required.

  • Submit Your Claim

Once you have proof of your relationship, submit your claim to the Bona Vacantia Division. If approved, the estate will be released to you.

The Role of Genealogists and Probate Researchers

One can hire professional genealogists, probate researchers, or even consult a workers comp attorney if the inheritance involves legal complexities related to workplace claims. Genealogists and probate researchers often work on a contingency fee basis, collecting a portion of the money if they can establish your connection to the deceased and help track down entitled heirs.

What Happens If No One Claims the Estate?

The Crown may retain the assets indefinitely if no qualified relatives come along within 12 years of the estate becoming bona vacantia. After this time, the government treasury absorbs unclaimed assets, and no one can make further claims.

Why You Should Check for Unclaimed Estates

Many people pass without a will, leaving relatives unaware of unclaimed estates. Regularly checking the Bona Vacantia list may reveal a hidden inheritance. With the proper documentation and persistence, distant relatives can successfully claim these estates.

Your Chance to Claim What’s Rightfully Yours

While it’s not widely known, bona vacantia allows families to inherit properties that might otherwise default to the Crown. You could inherit valuable assets by understanding the process and proving your connection. Getting evidence and filing for an unclaimed estate is now the time. 

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