How to Claim or Refer an Unclaimed Estate

When somebody dies without a will (known as dying intestate), their estate is distributed according to UK intestacy law – but what if there is nobody to inherit their belongings

This scenario is not as uncommon as you might think; without any relatives or loved ones to inherit the estate, it effectively becomes ‘ownerless’ and is handed over to the Crown. 

When an estate is listed as ownerless, it is commonly referred to as ‘bona vacantia’, which is Latin for ‘ownerless goods’.

Somebody in your family (or somebody with whom you had a meaningful relationship) might have died without any known beneficiaries and you could be entitled to a share of their belongings. This guide will explain everything you need to know about claiming or referring an unclaimed estate.

How to claim an unclaimed estate

If you think you might be entitled to unclaimed inheritance, there are a number of steps you can take to find out for sure:

#1) Check with the Crown that the estate is listed

The government website has an updated, downloadable spreadsheet complete with all of the unclaimed estates in the UK.

Download this spreadsheet and use your computer’s ‘search’ feature to search for an individual’s name – this can be done by using the Ctrl+F keyboard shortcut on PC, or Command+F keyboard shortcut on Mac.

As well as forenames and surnames, the list features information regarding marital status, date of birth, and maiden name, which can further help to identify the individual.

#2) Check if you are entitled to a share of the estate

Before you let your mind wander and start daydreaming about the thousands of pounds you could be due in inheritance, you’ll need to verify that you are an entitled relative – and that’s no easy task.

If the deceased did not leave a last will and testament behind then any surviving spouse or civil partner would automatically be entitled to the first £270,000 of the estate. After this, the estate is passed down to the generations that descend from the deceased (child, grandchild, great-grandchild, etc.).

You cannot make a claim if you are married into the deceased’s family (eg. You married their son or daughter).

Adopted children are given the same rights as blood relatives, but they cannot claim on the estate passed on by a member of their original birth family. Similarly, any adopted person’s birth family cannot claim on their estate if they die intestate.

#3) Claim the unclaimed estate

Once you’ve established that you have an entitlement to a share of an unclaimed estate, your first port of call should be to contact the Crown (or one of its representing bodies, depending on where you live).

You will need to give evidence that you are related to the deceased, which usually includes a copy of your family tree and 2 pieces of valid identification – you may even be asked for a birth, death, and marriage certificate.

As is the nature of this complicated topic, making a claim on an unclaimed estate can be time-consuming and stressful. Before making a claim yourself, it is recommended that you speak to an expert – fill out our short contact form to see how Quick Wills can help you claim on any unclaimed property.

Unclaimed estates for non-relatives

While the majority of claims are usually made by long-lost relatives, there are scenarios in which non-relatives can also be entitled to unclaimed inheritance. 

Grants from a deceased person’s estate are typically given to people who:

  • Have provided a free service to the person in the past, which otherwise would have been paid for (eg. Cleaning, cooking, washing, home repairs).

  • Have lived with the person, either as a friend or a partner, but never married.

  • Represent a charity or any other organisation that provided care for the deceased prior to their death.

The key point to take away here is that you do not have to be related to the person to claim inheritance on their unclaimed estate. 

How long are unclaimed estates held?

Once listed on the unclaimed estate’s list, claimants have 12 years to request a share of the estate – this usually relates to around 13 years after death, accounting for probate.

The final deadline is 30 years, so any claims made after the 12-year period are at the discretion of the Government Legal Department.

What happens to unclaimed estates?

If an estate goes unclaimed for more than 30 years, it is handed over to HM Treasury.

In the tax year for 2013/14, the government made more than £14 million on unclaimed property, land, and other assets. 

How to refer an estate

If you are aware of somebody who has died intestate without any known family, you can refer their estate by contacting the Crown, or one of the Crown’s representing bodies.

You can refer an estate to the Crown if:

  • The deceased did not leave a last will and testament

  • The deceased did not have any known relatives

  • The deceased’s estate had more funds than debt (i.e. it wasn’t ‘insolvent’)

The bona vacantia estates referral form is available to download on the GOV.UK website for anybody in England* and Wales. The representing body is different in Scotland and Northern Ireland. 

*Residents of the Duchies of Cornwall or Lancaster have a different representing body.

Will writing with Quick Wills

Whether you have any direct relatives or not, writing a will can help ensure that all of your belongings end up with somebody you know and love – that may be a friend, colleague, or even a charity.

To start writing your will today, tap the button below to register with us now. If you experience any problems or need further information regarding wills, inheritance, and unclaimed estates, you can below.