What is bona vacantia?
Bona vacantia literally translates as "ownerless goods".
What are "ownerless goods"?
In respect of the part of our work dealing with deceased persons this means the assets in the estates of people who have died without leaving a will or entitled blood relatives.
Who is entitled to share in the intestate's estate?
The deceased's spouse, civil partner, children of the deceased or blood relatives who descended from a grandparent of the deceased. A family tree can be viewed showing entitled relatives (shown in bold) and non entitled relatives Example Family Tree
Are relatives by marriage regarded as kin?
No.
Can you advise me how to become a genealogist?
No, we cannot help with this . Please refer to the Society of Genealogist's website www.sog.org.uk.
How do I get an archive list of cases?
We publish a list of cases which have been previously advertised by the Treasury Solicitor which is refreshed monthly on the first working day of each month and can be found here
Does the Treasury Solicitor make the funeral arrangements?
No, if no-one is prepared to do so the local authority has a statutory duty under the Public Health (Control of Diseases) Act 1984 to arrange the funeral.
Can a private rather than a pauper's funeral be arranged?
Yes, if there are sufficient funds in the estate.
Can we arrange for a headstone to be erected?
In certain circumstances yes but the Treasury Solicitor should be consulted before this is done.
Does the Treasury Solicitor become involved if there are blood relatives but they do not wish to deal with the estate?
No. Once it has been confirmed that the deceased has been survived by a blood relative entitled to share in the estate the Treasury Solicitor cannot be involved in the matter.
How do you search for kin?
The Treasury Solicitor follows up on any leads revealed by our own enquiries or from the deceased's personal papers. We also place notices on this website and issue advertisements in national and local papers.
I think you may be dealing with the estate of a blood relative of mine. What do I need to do?
Write to us with a simple family tree showing how your relationship is traced or submit your application through the appropriate page on this website. Click here to submit claim. You will need in due course to supply certificates and documents of identification to support your claim.
If I provide you with my name can you tell me if I am related to anyone whose estate you have dealt with ?
No. Any potential claimants need to provide us with (1) the full name and date of death of the deceased and (2) an indication of how they are related to the deceased.
Is there a time limit for making a claim?
In most cases the claim will become statute barred 12 years after the date that the administration of the estate is substantially completed. The Treasury Solicitor operates a discretionary policy whereby claims may be admitted up to 30 years from the date of death.
Someone has approached me stating that I may be entitled to an estate and suggested I sign a contract. Does the Treasury Solicitor employ them?
No, there are a number of genealogists who run private firms that specialise in seeking missing heirs. They are not employed by the Treasury Solicitor's office and have no relationship with it.
Do I have to sign up with them?
The decision is entirely yours and we cannot advise you but you may wish to approach us in the first instance to see if you are entitled to an estate.
I am not related to the deceased but I did help the deceased in later years, shopping, running errands and generally looking after the deceased. Can I be reimbursed for this?
The Treasury Solicitor has the power to make discretionary payments to people who have helped the deceased but will require evidence of this.
I have several cousins and believe I am entitled to an estate; do I have to share it with them?
Yes, although the Treasury Solicitor ceases to act once an entitled person is identified, the estate has to be shared out under the intestacy rules, no matter who is appointed administrator. Section 46 of the Administration of Estates Act 1925 sets out how an estate should be divided.
I would like to buy the deceased's house. Can you sell it to me direct?
No, all properties are offered for sale on the open market and all offers must be made through the appointed estate agent or auctioneer.