Refer a deceased person's estate to the Treasury Solicitor
Notify the Bona Vacantia division that a person has died without leaving a will or any known blood relatives.
Applies to England and Wales
Overview
The Bona Vacantia Division (BVD) of the Government Legal Department administers the estates of people who die without known blood relatives and without leaving a Will in England and Wales (except for the Duchies of Lancaster and Cornwall).
Please note that the information contained here is for guidance only and cannot cover every possible scenario that may arise when someone has died intestate and with no known entitled relatives and is not intended to be legal advice.
Before you refer an estate
Referral Criteria
To refer an estate, you need to provide:
- a completed BV1A referral form
- provide a copy of the death certificate or Coroner’s Interim Certificate
BVD cannot accept a referral if ANY of the following statements apply:
- there is a valid Will, even if the executor and beneficiaries cannot be traced or do not wish to deal with the estate. If the executor or beneficiaries have formally renounced their interest in the estate (see is there a will? section below)
- there are known or likely to be entitled relatives who survived the deceased even if these have subsequently died, cannot be traced or do not wish to deal with the estate
- the net value of the estate is under £500 once funeral expenses and known debts have been settled, or you do not have sufficient information to confirm this
- the estate is insolvent (there are more debts than assets)
- the deceased lived in other areas of the UK (the Duchies of Lancaster or Cornwall, Scotland or Northern Ireland) at the time of their death. Please refer to the Other UK BV Authorities section for website details
- if a Grant of Probate or Letters of Administration has already been issued for the estate - Search probate records for documents and wills (England and Wales) - GOV.UK
Other UK BV Authorities
Contact details for other UK authorities who deal with bona vacantia outside of BVD’s jurisdiction:
Duchies of Lancaster and Cornwall:
(check here to see if the estate falls within their jurisdiction)
Scotland:
National Ultimus Haeres Unit - KLTR
Northern Ireland:
Is there a Will?
Generally, if there is a valid Will which disposes of all the deceased’s estate it should not be referred to BVD. However, BVD may be entitled to any unclaimed shares or remaining estate not otherwise distributed by the Will, in the absence of entitled relatives.
Funerals
BVD does not become involved in making funeral arrangements or give instructions for a funeral to be held. If there is no one who is available or willing to arrange a funeral, then the Local Authority has a legal duty to do so under Section 46(i) of the Public Health (Control of Disease) Act 1984.
Funeral expenses take precedence over all other debts and must be paid first from the estate. In some cases, asset holders, such as banks or building societies, may agree to release funds from the deceased’s account to cover funeral costs before an administrator has been appointed but this decision rests with the asset holder.
Before arranging a funeral, it is advisable to:
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Confirm that there are enough funds in the estate to cover the costs.
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Check whether an asset holder is willing to pay the funeral expenses directly from those funds.
Memorials
Whilst the reasonable cost of a memorial headstone is a legal liability of the estate, it is advisable not to give instructions for a memorial until it is known who will administer the estate and they are consulted. If entitled relatives are traced, for example, they may take a different view on a memorial. If you have already placed an order with a stonemason, you could become contractually liable for payment.
Termination of tenancies
Where the deceased was living in rented accommodation it may be in the best interests of the estate for the tenancy to be terminated before an administrator has been appointed to prevent rent arrears building up, and to release the property back to the landlord.
Considering any interest BVD may have in the estate, we would have no objection to this being done provided that:
- the furniture and effects are disposed to the best advantage of the estate
- the deceased’s personal papers and details of assets and liabilities are retained and protected
Notices to Quit (to terminate tenancies) should be served on the Public Trustee. See the GOV.UK website for further information:
Refer an estate
Cases should be referred to BVD as soon as possible after the death. Please complete a Case referral form - BV1A and email this with a scanned copy of the death certificate to submit.BV1A@governmentlegal.gov.uk
We prefer to receive new estate referrals by email. However, postal referrals can be accepted with a completed BV1A referral form and a clear photocopy of the death certificate (do not enclose the original certificate) sent to:
Bona Vacantia - Estates
Government Legal Department (BVD)
1 Ruskin Square
Croydon
CR0 2WF
Email bvestates@governmentlegal.gov.uk
Switchboard 020 7210 4700
Please use this email address for all enquiries relating to deceased person's estates.
Please do not submit any other papers, cash, valuables or keys. Valuables should be listed and protected pending an administrator being appointed.
Except for the funeral expenses, no assets of the estate should be collected or liabilities paid until such time as an administrator has been appointed.
Once you refer the estate, you will get a confirmation email with your BV reference number. If it appears the estate is bona vacantia, we will contact you later to request more details about the deceased’s estate. If the Bona Vacantia Division takes on the administration, a section 27 Notice will be published in the London Gazette.
Freedom of Information / DPA disclosure
The reasons that we can use to collect or use your personal data are set out in law. Most of the time, this will be because it is necessary for us in our work as a public body (Article 6(1)(e) of the General Data Protection Regulation, the law which applies to personal data). Additionally or alternatively it may be necessary to comply with a legal obligation (Article 6(1)(c) GDPR).
In some circumstances, personal data may be passed to a third party such as an administrator in order to enable that third party to pursue a legitimate interest such as the administration of an Estate (Article 6(1)(f) GDPR).
Updates to this page
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Update to the third party links and referral of a deceased person's estate process.
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Updated department address.
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Update to the Freedom of Information/DPA disclosure section.
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Changes to guidance
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First published.