Most intestacy cases are straightforward in one sense, there is a spouse, or children, or at least a sibling who can apply to administer the estate. But what happens when someone dies without a will and genuinely has no traceable relatives at all? These estates do not simply sit in limbo. They follow a specific legal process that ends, if nobody comes forward, with the estate passing to the Crown.
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
The intestacy rules are worked through in strict order first
Before an estate can be treated as having no entitled relatives, every category in the statutory order of priority has to be exhausted. Our guide to who inherits when there is no will sets out this order in full, but broadly it runs from a spouse or civil partner, through children and their descendants, to parents, siblings, half-siblings, grandparents, and finally aunts, uncles and their descendants. Only when genuinely nobody in any of these categories can be found or traced does an estate become what is known in law as bona vacantia.
What is bona vacantia?
Bona vacantia literally means ownerless goods. Where someone dies intestate with no surviving relative entitled under the rules, their estate passes to the Crown. In practice, most of England and Wales is handled by the Bona Vacantia Division of the Government Legal Department, although estates connected to Cornwall fall to the Duchy of Cornwall and estates connected to parts of Lancashire fall to the Duchy of Lancaster instead.
How an estate is referred to the Bona Vacantia Division
Whoever is dealing with the estate, often a local authority, a solicitor, or a funeral director acting as administrator of the deceased’s affairs, can refer the case using a BV1A referral form together with a copy of the death certificate. The Bona Vacantia Division will not accept a referral where there is a known or likely entitled relative, even one who cannot currently be traced, and it will not accept a case where the net estate, after funeral expenses and debts, is worth less than £500. Very small estates of that kind are usually dealt with locally as a public health funeral rather than through the bona vacantia process.
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Tracing relatives before assuming there are none
Genealogists and probate researchers are frequently instructed, either by the family’s solicitor or by the Crown itself, before an estate is finally treated as bona vacantia. Experience shows that distant relatives, half-siblings in particular, are often missed on a first search. A thorough search is important precisely because once an estate has been distributed as bona vacantia, unwinding that distribution to pay a relative who comes forward later is far more difficult than finding them in the first place.
Can a relative still claim after the estate has been treated as bona vacantia?
Yes, within limits. A relative who can prove their entitlement under the intestacy rules can still make a claim to the estate, generally within twelve years of the date of death, after which the claim is barred. In addition, the Crown has a discretion, though not an obligation, to make an ex gratia payment to someone with a moral claim on the estate even though they are not legally entitled, for example a long-term unmarried partner, a step-child, or someone who cared for the deceased. These discretionary grants are considered case by case and are never guaranteed.
Why this matters for anyone without a will
These cases are a stark illustration of what intestacy can mean in practice. Anyone who wants their unmarried partner, step-children, a charity, or a friend to inherit needs a valid will, because none of those people are recognised under the intestacy rules, however close the relationship. You can read more on our main probate pages about the risks of dying without a will.
How Curtis Legal can help
Whether you are trying to establish entitlement to an estate, need help referring a case to the Bona Vacantia Division, or simply want to make sure your own estate does not end up in this position, our team can help. Get in touch for advice on intestacy and estate administration.
Frequently Asked Questions
What happens to an estate if no relatives can be found?
If nobody entitled under the intestacy rules can be traced, the estate becomes bona vacantia and passes to the Crown, administered in most of England and Wales by the Bona Vacantia Division of the Government Legal Department.
What does bona vacantia mean?
Bona vacantia means ownerless goods. It is the legal term for an estate that passes to the Crown because the person died intestate with no relatives entitled to inherit under the intestacy rules.
How is a bona vacantia estate referred to the Crown?
Whoever is dealing with the estate submits a BV1A referral form and a copy of the death certificate to the Bona Vacantia Division. Estates worth less than £500 net are not accepted and are usually handled locally instead.
Can a relative still claim money after an estate is treated as bona vacantia?
Yes. A relative who can prove entitlement under the intestacy rules can generally still claim within twelve years of the date of death. The Crown can also, at its discretion, make ex gratia payments to people with a moral but not legal claim.
Can an unmarried partner inherit if there is no will?
No. Unmarried partners have no automatic entitlement under the intestacy rules, however long the relationship, which is why a valid will is essential if you want a partner, step-child or friend to inherit.
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If you are trying to establish entitlement to an estate with no will, call us on 0800 214 216 for a same-day callback.
Written by Simon Jenkins, solicitor and director of Curtis Legal Limited (Simon Jenkins SRA 167489; Curtis Legal Limited SRA 450129).
