Intestacy With No Relatives UK (2026): Bona Vacantia — When an Estate Passes to the Crown

The intestacy rules in Administration of Estates Act 1925 s.46 set out a strict hierarchy of relatives who inherit when someone dies without a will. Bona vacantia arises only when the entire hierarchy is exhausted — no person in any category survives the deceased: (1) THE INTESTACY ORDER (AEA 1925 s.46): (a) SPOUSE OR CIVIL PARTNER (with children): statutory legacy (£322,000 from 26 July 2023) + all personal chattels + half the residue absolutely; the other half of the residue to children equally; (b) SPOUSE OR CIVIL PARTNER (no children): entire estate; (c) CHILDREN (if no surviving spouse/CP): entire estate equally; if child predeceased, their children take their parent's share (per stirpes); (d) PARENTS: if no children and no surviving spouse/CP, to surviving parent(s) equally; (e) SIBLINGS OF WHOLE BLOOD (full siblings — same father and mother): if no parents; per stirpes if a sibling predeceased with children; (f) SIBLINGS OF HALF BLOOD (one common parent only): if no whole blood siblings; per stirpes; (g) GRANDPARENTS: surviving grandparents equally; (h) UNCLES AND AUNTS OF WHOLE BLOOD: issue of deceased uncle/aunt take per stirpes; (i) UNCLES AND AUNTS OF HALF BLOOD: per stirpes; (2) BONA VACANTIA: only if there is no surviving person in ANY of the above categories does the estate pass as bona vacantia. This is far rarer than often assumed — a person must have absolutely no qualifying relatives, including half-blood aunts and uncles (and their children); (3) DECEASED RELATIVES — THE PER STIRPES RULE: throughout the hierarchy, where a relative has predeceased the intestate but has living children, those children take their parent's share by representation (per stirpes). This extends the reach of the intestacy rules further — a niece (child of a deceased sibling) can inherit even if the sibling has died; (4) ADOPTED CHILDREN: adopted children are treated as children of the adoptive parent in the intestacy hierarchy (AEA 1925 s.46; Adoption and Children Act 2002). A biological child who was adopted by another family does NOT inherit from the biological parent's estate on intestacy (and vice versa).

The intestacy rules only recognise specific legal categories of relationship. Many people who were financially dependent on or emotionally close to the deceased receive nothing: (1) STEP-CHILDREN: a step-child has NO automatic right to inherit on intestacy. A step-child is not a 'child' for the purposes of AEA 1925 s.46 — because 'child' means a biological or legally adopted child, not a step-child. Even if the step-parent raised the step-child from infancy, the step-child receives nothing on intestacy. Only a formal adoption creates a legal child-parent relationship for intestacy purposes. REMEDY: a step-parent who wishes to include step-children must make a will; (2) COHABITANTS (UNMARRIED PARTNERS): an unmarried partner has NO right to inherit on intestacy — regardless of how long they lived together; whether they have children together; or whether they were economically dependent. The intestacy rules do not recognise cohabitation. England and Wales is unusual among developed legal systems in having no 'common law marriage' inheritance rights. The only remedy: a cohabiting partner can apply under the Inheritance (Provision for Family and Dependants) Act 1975 s.1(1A) (introduced by Law Reform (Succession) Act 1995) if they were living in the same household as the deceased for the 2 years immediately before death — but this is a claim against the estate, not an automatic entitlement. A WILL is the only reliable protection; (3) FRIENDS: friends have no legal right to inherit on intestacy regardless of the nature of the relationship; (4) CHARITIES: charities have no right on intestacy; (5) HALF-BLOOD vs WHOLE BLOOD: half-blood relatives (sharing only one biological parent) rank below their whole-blood equivalents. If there are any surviving whole-blood siblings (or their children), half-blood siblings are entirely excluded. Half-blood relatives only inherit if there are no whole-blood relatives in the same category; (6) INHERITANCE ACT CLAIMS: those excluded from the intestacy hierarchy may have a claim under IPFDA 1975 if they were: (a) a spouse or civil partner; (b) a former spouse not remarried; (c) a cohabitant living with the deceased for 2 years; (d) a child (including an adult child or a step-child treated as a child); (e) any person maintained by the deceased immediately before death.

Bona vacantia (Latin: 'ownerless goods') is the doctrine by which property that has no owner passes to the Crown. In the context of intestacy: (1) WHO RECEIVES THE BONA VACANTIA ESTATE: (a) THE CROWN (through HM Treasury): for most estates in England and Wales, bona vacantia estates pass to the Crown, which is represented by the Treasury Solicitor (part of the Government Legal Department — GLD). The Treasury Solicitor's Department (TSol) administers bona vacantia estates on behalf of the Crown and handles claims against them; (b) THE DUCHY OF LANCASTER: where the deceased was resident in the County Palatine of Lancaster (Lancashire; Greater Manchester; Merseyside — broadly), bona vacantia passes to the Duchy of Lancaster, administered by the Clerk of the Council of the Duchy of Lancaster; (c) THE DUCHY OF CORNWALL: where the deceased was resident in Cornwall or the Isles of Scilly, bona vacantia passes to the Duchy of Cornwall; (2) PROCEDURE — HOW THE ESTATE IS ADMINISTERED: the Treasury Solicitor (or relevant Duchy) acts as administrator of the bona vacantia estate. They: (a) advertise for claimants in the London Gazette and local newspapers; (b) investigate the deceased's assets and liabilities; (c) obtain a grant of letters of administration; (d) administer the estate and pay all debts; (e) hold the net proceeds for 12 years, during which claims can be made; (f) after 12 years, the funds are paid into the Consolidated Fund; (3) THE BONA VACANTIA LIST: the Government Legal Department publishes a public list of bona vacantia estates — listing deceased persons whose estates have passed to the Crown with no known heirs. Anyone who believes they may have a claim (as a relative, dependant, or creditor) can check the list and make contact with TSol; (4) TIMING: the Crown does not immediately claim the estate. There is typically a period during which genealogists and the deceased's community identify potential relatives. Only after thorough investigation does TSol formally deal with the estate as bona vacantia.

The Crown's bona vacantia discretionary power allows grants to be made to persons who were financially connected to the deceased — even though they have no legal right to inherit: (1) THE CROWN'S DISCRETIONARY POWER: when an estate passes as bona vacantia, the Crown has a long-established discretion to make grants out of the estate to persons who have a moral but not legal claim. This discretion is exercised by the Treasury Solicitor (or relevant Duchy). It is NOT a legal right — the Crown may refuse; (2) WHO CAN APPLY: the Crown typically considers applications from: (a) cohabiting partners — especially long-term partners who were financially dependent; (b) dependants — persons wholly or substantially maintained by the deceased immediately before death; (c) close friends who cared for the deceased; (d) relatives who are outside the legal intestacy order (e.g. a step-child; a biological child who was adopted by another family); (e) organisations or charities to which the deceased had a close connection; (3) FACTORS CONSIDERED BY TSOL: the Crown's discretion is guided by: (a) the closeness and nature of the relationship; (b) the degree of financial dependency; (c) the deceased's likely wishes (letters, emails, statements made to others); (d) the size of the estate; (e) any competing claims; (4) INHERITANCE ACT 1975 CLAIMS AGAINST BONA VACANTIA: in addition to the Crown's discretionary power, a person who qualifies under IPFDA 1975 (cohabitant for 2 years; maintained child; etc.) can still apply to court for reasonable financial provision from a bona vacantia estate. The claim must be brought within 6 months of the grant of representation (leave to apply out of time is possible but not guaranteed); (5) HOW TO APPLY: contact the Government Legal Department — Bona Vacantia Division (for England and Wales excluding Cornwall and Lancashire areas). The GLD website has a bona vacantia list and application process. Initial contact should be made promptly — the estate is held for only 12 years; (6) GENEALOGISTS: professional heir-hunting genealogists often investigate bona vacantia estates and contact potential relatives. Their fees are typically taken from the estate share — always review any agreement carefully before signing.

Bona vacantia is almost always avoidable with a well-drafted will. Even for people with no close family, a will ensures the estate goes where the deceased would have wanted: (1) MAKE A WILL: the single most effective step. A will allows anyone to inherit — friends; charities; step-children; unmarried partners. Without a will, step-children and cohabitants are cut out regardless of how long or how close the relationship was. A person with no close relatives should always have a will; (2) REVIEW THE WILL WHEN CIRCUMSTANCES CHANGE: a will naming a person who predeceases the testator may partially or wholly fail (lapse). A will should be reviewed after: (a) the death of a named beneficiary; (b) major changes in the testator's circle of family or friends; (c) significant changes in the estate (new assets; disposed of assets); (3) INCLUDE A RESIDUE CLAUSE AND SUBSTITUTION PROVISIONS: a well-drafted will should include: (a) a residuary clause — catches everything not otherwise disposed of; (b) substitution clauses — if a primary beneficiary predeceases, the gift goes to a named alternative; (c) an ultimate fallback — often a charity or a group of charities, ensuring the residue does not pass to the Crown even if all named beneficiaries predecease; (4) CHARITABLE LEGACIES AS A FALLBACK: where a person has few surviving relatives and no close friends, including a charitable legacy in the will is a common and effective approach. Many charities accept residuary legacies — and a person with no other beneficiaries may decide to leave their entire estate to a charity of their choice; (5) CONSIDER A LETTER OF WISHES: a letter of wishes (separate from the will, addressed to the executor) can explain the background to the will, name the Crown discretionary claim candidates (cohabitants; close friends) if the executors need guidance, and help executors understand the deceased's intentions; (6) KEEP THE WILL UP TO DATE: an outdated will is almost as dangerous as no will. If the only beneficiary under the will has died without a substitution clause, the gift lapses and the estate may fall to the Crown on a partial intestacy.