Bona Vacantia UK (2026): What Happens When There Is No Will and No Relatives
Updated 13 May 2026 · 7 min read · England & Wales
When a person dies without a will and without any relatives who qualify under the intestacy rules, their entire estate passes to the Crown. This is known as bona vacantia — and it is entirely preventable with a will. Here is what happens, who administers it, and how creditors and distant relatives can make claims.
When does bona vacantia apply?
Bona vacantia applies when both of the following are true:
- The deceased died intestate (without a valid will, or with a will that fails to dispose of all assets), and
- There are no qualifying relatives in the intestacy hierarchy under the Administration of Estates Act 1925
The intestacy hierarchy extends to uncles, aunts, and their children (i.e. the deceased’s cousins). Only if there is no one in any of these categories does bona vacantia apply. In practice, bona vacantia is most common for people who:
- Have no spouse, children, parents, or siblings
- Have outlived all their qualifying relatives
- Are estranged from family and never made a will
- Are lifelong unmarried individuals without children or surviving wider family
Who administers a bona vacantia estate?
| Location of deceased | Administering body |
|---|---|
| England and Wales (generally) | Government Legal Department (GLD) — Bona Vacantia Division |
| Duchy of Cornwall areas | Duchy of Cornwall Office |
| Duchy of Lancaster areas | Duchy of Lancaster Office |
The GLD (formerly the Treasury Solicitor) identifies the estate, takes steps to administer it, pays debts and valid claims, and pays the net balance to the Consolidated Fund. The GLD publishes a list of current bona vacantia estates on gov.uk — creditors, relatives, and claimants can search this list.
What the GLD does with a bona vacantia estate
- Takes control of the estate assets
- Advertises for creditors and claimants (usually in the London Gazette)
- Pays secured creditors, funeral expenses, and administration costs
- Pays unsecured creditors from any remaining funds
- Considers discretionary applications from non-qualifying claimants
- Pays the net balance to the Consolidated Fund (or Duchy)
The GLD holds estates on record for 30 years to allow legitimate claimants to come forward — creditors have up to 12 years; relatives within the intestacy hierarchy can claim if newly discovered.
How a will prevents bona vacantia
A will with a properly drafted residuary clause — directing the remainder of the estate to named beneficiaries — entirely prevents bona vacantia. Best practice is to include:
- Named primary beneficiaries with substitution clauses if they predecease
- A long-stop residuary beneficiary — typically a charity — to receive any part of the estate that cannot pass to the named beneficiaries
This ensures that even if every named person has died before the testator, the estate goes to a charity of the testator’s choice rather than to the Crown. Including a charity as a long-stop beneficiary is simple to draft and costs nothing extra.
Frequently asked questions
What is bona vacantia?
Bona vacantia (Latin: 'ownerless goods') is the doctrine by which property with no owner passes to the Crown. In the context of inheritance, it applies when a person dies intestate (without a valid will) and has no relatives who qualify to inherit under the intestacy rules of England and Wales. The estate — including all assets — passes to the Crown as bona vacantia. It also applies to dissolved companies whose assets remain unclaimed. Bona vacantia is not a result of the Crown seizing property; it is the legal consequence of there being no other claimant. The Crown acts as the owner of last resort.
Who receives a bona vacantia estate in England and Wales?
In England and Wales (outside the Duchy of Cornwall and Duchy of Lancaster areas), bona vacantia estates pass to the Crown and are administered by the Government Legal Department (formerly the Treasury Solicitor), acting as the King's Proctor. In the Duchy of Cornwall (parts of the South West and other areas owned by the Duchy), bona vacantia passes to the Duke of Cornwall (currently King Charles III). In the Duchy of Lancaster (Lancashire and some other areas), bona vacantia passes to the Duchy of Lancaster. The administering body pays the deceased's debts, meets reasonable funeral expenses, and pays any valid claims — the net balance is paid into the Consolidated Fund (or the relevant Duchy).
Which relatives qualify to inherit under the intestacy rules before bona vacantia applies?
Under the Administration of Estates Act 1925, the intestacy hierarchy is: (1) spouse or civil partner; (2) children (and their descendants if they predeceased); (3) parents; (4) brothers and sisters of the whole blood (and their descendants); (5) brothers and sisters of the half blood (and their descendants); (6) grandparents; (7) uncles and aunts of the whole blood (and their descendants); (8) uncles and aunts of the half blood (and their descendants). Only if there is no one in any of these categories does bona vacantia apply. Note that cohabiting partners — regardless of how long they lived with the deceased — do not qualify under the intestacy rules. They can apply under the Inheritance Act 1975 but cannot inherit by intestacy.
Can creditors claim from a bona vacantia estate?
Yes — the Government Legal Department (or the relevant Duchy authority) administers the bona vacantia estate and pays valid creditors before any surplus goes to the Crown. Creditors should write to the Government Legal Department's Bona Vacantia division with details of the deceased, the debt, and supporting evidence. The GLD investigates, pays debts in the legal order of priority (secured debts first, then preferential creditors, then unsecured creditors), and any surplus passes to the Crown. The GLD does not proactively seek out creditors — creditors must come forward. There is a limitation period: creditors generally have 12 years from the date of death to claim (under the Limitation Act 1980).
Can a distant relative claim a bona vacantia estate?
The intestacy rules stop at the half-blood uncles and aunts and their children — cousins and more remote relatives do not qualify under the statutory intestacy scheme. However, if a person is identified as the deceased's relative within the statutory categories but was not initially traced, they can claim from the GLD at any time within 12 years of the estate being determined bona vacantia. Beyond the statutory classes, a person claiming under an earlier (pre-intestacy) will — if a valid will is discovered after the estate has been treated as bona vacantia — can also reclaim the estate. The GLD keeps bona vacantia estates on hold for a period to allow claims to emerge. Genealogical research firms sometimes contact distant relatives about bona vacantia claims in return for a percentage of the recovery.
Can a charity or friend claim from a bona vacantia estate?
The Government Legal Department has a discretionary power to make grants from bona vacantia estates to people or organisations with a moral claim — for example, a long-term partner who does not qualify under the intestacy rules, a close friend, a carer, or a charity the deceased supported. These are ex gratia payments, not legal entitlements. Applications must be made in writing to the GLD with full supporting evidence. The GLD uses a published policy for assessing discretionary grants, but decisions are at the GLD's discretion. The maximum that can be paid out under the discretionary power is limited by HMRC rules — and the fund available depends on what remains after debts and legitimate claims.
How does a will prevent bona vacantia?
A will entirely prevents bona vacantia by naming beneficiaries to receive the estate. Even if all named beneficiaries predecease the testator, a well-drafted will includes: (1) substitution clauses directing gifts to the children of a predeceasing beneficiary; (2) a long-stop residuary clause directing any unclaimed residue to a chosen charity or other beneficiary of last resort. Without a long-stop clause, even a person with a will can inadvertently leave part of their estate in partial intestacy — and if no intestacy relatives exist, that portion becomes bona vacantia. A simple inclusion of a charity as the ultimate residuary beneficiary guarantees the estate goes somewhere the testator would have chosen.
Don’t let your estate go to the Crown
A will with a charity long-stop clause costs the same as any other will — and guarantees your estate goes to people or causes you care about, not the Consolidated Fund. WillSafe’s Essentials Bundle includes full will drafting guidance.
Get the Essentials Bundle →Related guides
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- What happens if you die without a will?
- What happens if a beneficiary predeceases the testator?