An estate with no will and no relatives: who can claim it

When someone dies without a will and with no known blood relatives, their estate becomes 'bona vacantia' (literally 'ownerless goods') and passes to the Crown. In England and Wales these cases are handled by a dedicated unit — the Bona Vacantia Division (BVD) of the Government Legal Department.

Who can claim?

If relatives are found after all, they can claim. The law sets a strict order of inheritance where there is no will:

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• spouse or civil partner;
• children and their descendants;
• parents;
• brothers and sisters (and their children — nieces and nephews);
• half-brothers and half-sisters and their descendants;
• grandparents;
• uncles and aunts (and their children — first cousins);
• half-uncles and half-aunts and their descendants.

More distant family, such as second cousins, are not entitled to a share. Those higher in the order inherit; if there are none, it passes to the next.

What are the time limits?

The limits are strict. As a rule the division accepts a claim within 12 years of the estate's administration being completed — and in that case interest is paid on the money held. A fully documented claim may be accepted later, up to 30 years from the date of death, but without interest. After 30 years from death no claims are accepted at all, even incomplete ones.

What to know

In some parts of the country bona vacantia is dealt with not by the BVD but by the Duchies of Lancaster and Cornwall, in their areas. The government publishes an open list of unclaimed estates, which you can check for a relative's estate. You will need documents — birth, marriage and death certificates — to prove the family link.

You can claim yourself, for free, through gov.uk.

How to apply

To claim, you write to the relevant body and attach a 'family tree' — a documented chain of relationship from the deceased to you. You will need birth, marriage and death certificates, and sometimes archive records. If several relatives share the same place in the order, the estate is divided equally between them. While the claim is checked, the money is held by the state.

It is worth saying what you should not do. The state does not charge to submit and consider a valid claim. So letters from unknown 'lawyers' offering to 'release your inheritance' for an upfront fee deserve caution: you can file an honest claim yourself, and choose professional help deliberately, comparing terms — especially where the relationship is clear and documented.