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Contacting entitled relatives — how hard should you try?

You may intend to report a death to the Treasury Solicitor either because you hold assets or personal property or because you wish to make a claim against the estate. If so, you should first of all make 'reasonable enquiries' to find out if the deceased has left a will or has entitled relatives.

Before you involve the Treasury Solicitor, they would expect you to have written to the address of any possible relative that you have found, either in your own papers or from a brief search of the deceased's papers to which you have access. A good source of information is a diary or address book, which might contain entries in the deceased's maiden name if she was a married woman.

If you are responsible for arranging the funeral and you are writing to relatives by marriage (who are not themselves entitled) or to friends of the deceased, you could ask them for help in tracing a will or any entitled relatives.

Your enquiries do not need to be extensive. If you write to a possible relative without receiving a reply, the Treasury Solicitor would then be responsible for making any further enquiries that might be necessary.

Who is an entitled relative?

If there is no valid will to the contrary, the deceased's husband or wife, civil partner and then any children would have first claim on the estate. If a marriage or civil partnership has ended in divorce, the ex spouse or civil partner is not legally entitled but the divorce would not affect the rights of any children.

If there is no living spouse, civil partner or child, a general rule is that anyone descended from a grandparent of the deceased would be entitled to share in the estate.

To help find out who is and is not an entitled relative click on the 'family tree' link below showing all those entitled in bold.

• Download the family tree graph showing who is an entitled relative (PDF, 59K)

Help with the family tree

The family tree makes clear, for example, the distinction between a first cousin once removed (entitled) and a second cousin (not entitled): people sometimes confuse the two.

A similar confusion arises with a half-brother and a step-brother (or sister). A half-brother shares a common parent with the deceased (that parent has married twice and has produced a child of each marriage) and is entitled. A step-brother does not share a common parent with the deceased (one of the deceased's parent has married someone who already has a child) and is not entitled.

Anyone legally adopted under the Adoption of Children Act 1925 (or subsequent Acts) has the same rights as if he or she had been born into their adoptive family. But they do not have any rights of the family into which they were originally born.

Please note: the Treasury Solicitor can only administer the estate of someone who has not been survived by any blood relatives.

The Treasury Solicitor cannot act if:

• you trace an entitled relative who is unwilling or unable to deal with the administration of the estate
• you trace an entitled relative but subsequently lose contact with that person, or find out that they have since died
  

If there is confirmation that the deceased has been survived by an entitled blood relative, the Treasury Solicitor cannot get involved, even if the relative dies, disappears or refuses to act. The Treasury Solicitor can only suggest that you get advice from your own legal advisers.

Get in touch

If you are in any doubt about whether an estate should be referred to the Treasury Solicitor, or need any further information regarding ownerless property (bona vacantia) or the Treasury Solicitor’s requirements, then please get in touch.

Treasury Solicitor's Office (BV)
One Kemble Street
London
WC2B 4TS

Tel. 020 7210 3116/3117/3239
Fax. 020 7210 3104
Email: bvinfo@tsol.gsi.gov.uk

How to refer a case to the Treasury Solicitor

If you are satisfied that this is an estate that should be referred to the Treasury Solicitor, then you can either complete the referral form using the deceased person notification form link below or download and return to the above address.

Sending papers and valuables

When you send papers and valuables to the Treasury Solicitor, please follow the procedures below to assist with security and safe transit:

• all documents of value such as title deeds and share certificates should be scheduled and sent by recorded delivery
• credit/debit and store cards should be cut before you send them, to avoid fraud
• all bank or building society passbooks should be scheduled and sent by recorded delivery
• please do not send cash through the post
• please make cheques payable to The Treasury Solicitor, and write the case reference and name of the deceased on the back
• please keep jewellery somewhere safe until the Treasury Solicitor sends you instructions on how to dispose of it
  

• Fill in the deceased person notification form online Opens new window

• Download the deceased person notification form (PDF, 55K)

• Download the deceased person property form (where a freehold or leasehold property is owned by deceased) (PDF, 43K)

More about referring an estate to the Treasury Solicitor

• Referring an estate to the Treasury Solicitor - introduction

• Referring an estate to the Treasury Solicitor: wills

• Referring an estate to the Treasury Solicitor: solvency