Alongside our work with legal firms and local authorities, we also help individuals claim an inheritance they are legally entitled to but may not even know about.

A recent Daily Express article explored the topic of unclaimed estates, offering an impartial perspective on the process and what it entails. Whilst we were not involved in the article’s creation, we believe it provides useful information for beneficiaries.

 

What is the Unclaimed Estates List?

When somebody passes away without a will, known as dying intestate, and when there is no known family, their estate will be added to the unclaimed estates list in England and Wales if the estate is valued at £500 or more.

The information included on this list, which is typically updated daily, is limited, consisting of:

  • The deceased’s name
  • Place of birth
  • Place of death
  • Marital status (and limited other personal information)
  • The details of the informant

Using the publicly available data from this list, which is managed by the Bona Vacantia Division of the Government Legal Department, probate genealogists like us undertake in-depth research into the cases in an effort to locate the closest living relative (or relatives) of the deceased.

In Scots Law, the term “ultimus haeres” refers to a situation where a person in Scotland dies without a will and has no known or traceable successors.

 

Who could be entitled to inherit?

As these are intestate cases, the rules of intestacy in England and Wales apply. These rules are a pre-defined order of who is entitled to inherit from the estate which is a limited group of close relatives. A useful flowchart on this topic is shown below and more information of the order of entitlement can be found here.

Probate genealogists work to find the closest living relative(s), using the order of priority as a reference. Note that there is no requirement to search back any further than grandparents.

In the course of our research, we proactively contact people who we believe may be entitled to benefit from an unclaimed estate. This work can be speculative in nature until the research undertaken has been verified by initial discussions with the family.

What steps can individuals take if they think they might be an entitled beneficiary to an unclaimed estate?

Individuals are of course well within their rights to research their own case if they believe that they may be entitled to one of the estates appearing on the Bona Vacantia list.

In such cases, the individual, or their appointed representative, must submit a formal claim to the BVD. This process requires comprehensive documentation to establish the claimant’s relationship to the deceased.

The documentation required includes an accurate and detailed family tree, along with official supporting evidence such as United Kingdom birth, marriage, and death certificates.

Additionally, there is a requirement to supply formal identification, such as a passport or driving licence, in support of the claim.

The process can be complex, and any discrepancies may necessitate further evidence. Each case is assessed by the BVD on its own merits, meaning there is no guarantee of success.

 

How we can help

For many years, we have helped individuals secure inheritances to which they are legally entitled – plenty of whom were initially unaware of their claim. Our team specialises in guiding beneficiaries through the intricate BVD process, sourcing essential records, and ensuring all necessary documentation is in place to maximise the chances of a successful claim.

If you need expert assistance in claiming an unclaimed estate, we invite you to contact our knowledgeable and professional team.

Further reading on the topic can be found here.

Please note: Genealogists do not work for, or on behalf of, the BVD, but often conduct research to identify relatives after estates are advertised.

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