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Wednesday, 3 October 2023

Bona vacantia and the Treasury Solicitor

You could be entitled to a deceased relative’s estate, which by law has passed to the Crown, or you could be affected by a company being closed down (dissolved). Find out how to refer an estate or a dissolved company asset to the Treasury Solicitor and how to make a claim if you are an entitled relative.

About bona vacantia

Bona vacantia means ‘vacant goods’ and is the legal name for ownerless property that by law passes to the Crown. The right to bona vacantia is based on two laws:

  • Administration of Estates Act 1925
  • Companies Act 1985

Who represents the Crown in bona vacantia matters

The Treasury Solicitor represents the Crown in the dealing of estates of persons who die without leaving a will (intestate) and without known entitled relatives. The Treasury Solicitor also carries out this role for the collection of the assets of dissolved companies and other bona vacantia in England and Wales.

For further information on the overall work of the Treasury Solicitor, follow the link below.

Estates Group and Treasury Solicitor

The Estates Group of the bona vacantia division deals with persons who die without leaving a will or any entitled family. If the deceased's last permanent address was in England & Wales, excluding the Duchies of Cornwall and Lancaster, then the Treasury Solicitor is the Crown's nominee for dealing with the estate.

The Treasury Solicitor only deals with solvent estates leaving a net balance of £500 or above. It deals with the full range of assets, including bank and building society accounts, life insurance or property; in fact anything that could be owned by someone at the time of death.

Adverts and claims

The Treasury Solicitor makes enquiries for entitled family. If this fails, advertisements may be published on the web and in both the national and local press. People who reply to advertisements must provide evidence of their blood relationship, usually in the form of birth, marriage and death certificates, along with evidence of their identity.

You may also be asked for evidence of knowing the deceased. If entitled family is traced, the Treasury Solicitor ceases to have any interest or involvement in the estate.

Companies Group and Treasury Solicitor

The Companies Group of the bona vacantia division deals with the property and rights which were beneficially owned by dissolved companies.

When a company is dissolved, its assets pass to the Crown under Section 654 of the Companies Act 1985. If the dissolved company's last registered office was in England or Wales, other than in the Duchies of Lancaster or Cornwall, the Treasury Solicitor is the Crown's nominee for dealing with such assets.

The Treasury Solicitor deals with any assets that were held by a company at the date of dissolution, but most work is centred on cash balances, freehold and leasehold property, trademarks, copyright and mortgages.

What the Treasury Solicitor does not deal with

The Treasury Solicitor does not deal with bona vacantia in the Duchies of Cornwall and Lancaster; this is dealt with by Farrer and Co. In Northern Ireland, these matters are dealt with by the Crown Solicitor as the Treasury Solicitor's nominee. In Scotland, bona vacantia is administered by the Queen's and Lord Treasurer's Remembrancer.

All links to the above can be found below. The contact details for the Crown Solicitor's Office for Northern Ireland are:

Crown Solicitor
Royal Courts of Justice
Chichester Street
Belfast
BT1 3JY

Debts and liabilities

The Treasury Solicitor does not ‘step into the shoes’ of a dissolved company and is not responsible for the company's debts or any other liabilities the company may have had. If you are a creditor of a dissolved company of which the Treasury Solicitor holds the assets it will be necessary to restore the company to pursue your claim.

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