Bona Vacantia Guide to Ownerless Property and Assets

We strongly recommend that anyone who feels that they may be the rightful heir of an unclaimed estate should use a solicitor who is specialised and has experience in this process.  There are strict and demanding requirements to be able to prove a claim as follows:

• Claims made up to 12 years from the completion of administration of the estate of the person leaving Bona Vacantia include interest.
• A claim can be made up to a maximum of 30 years from the date of death if this is later, provided the claim is properly and fully documented within that time period. There is no discretion to extend this time limit. Such payments will not carry interest.

1. The first step is to prepare a complete family tree and send this to the BVD showing how you are related to the person. This needs to be as complete as possible including full names (married and maiden names if appropriate) dates of birth, marriage and death of every individual included in the family tree and entitled in priority under the Intestacy Rules.
2. The BVD will then ask you to provide documentary evidence to support your claim including birth, marriage and death certificates, ID paperwork (not a driver’s licence from abroad, a mobile phone or credit or store card bill), and any explanation in full where no such paperwork exists. Photocopies won’t be accepted, so either official copies will need to be applied for if you are making a claim or you will be asked to provide copies of the originals certified by a suitable person. A solicitor can provide documents to the BVD in a form that they will accept to avoid the risk of sending original documents that may be lost.
3. Failure to send in the right documents will result in the claim being returned and cause delays and possible rejection of your claim. You would then need to start all over again as copies would not be kept at the BVD. If, in the meantime, someone else makes a properly and fully documented claim, their claim will be considered first. Also, if someone higher up the order of priority under the Rules of Intestacy, sends in a claim after yours, their claim will always be considered first.
4. Documents issued in the UK can be applied for from General Register Office in Merseyside ( certificates in England and Wales) or Register General in Edinburgh (certificates in Scotland) or General Register Office in Roscommon, ( certificates in Northern Ireland pre-1922) and Register General for Northern Ireland in Belfast (post-1922).
5. Documents and certificates issued outside the UK will need to be obtained from the relevant authorities and offices as appropriate. If these are not issued in English,  a properly certified English translation must be provided along with the official certificate. Again, a solicitor should be able to help you.
6. All the paperwork is required to show to the BVD that ‘on the balance of probabilities’ the money should be paid out to you rather than the Crown. If you satisfy the BVD of your claim, you will be paid.
7. If the claim is accepted by the BVD then they will contact you, telling you the value of the Estate and asking for details of who will act as the Estate’s administrator if you haven’t already informed them. They will then release the money in a way determined by the circumstances and the value of the estate itself.

BVD will only release information about the value of the estate, or details about its assets and liabilities, to a successful claimant or their representative.