What if a person dies without a will and with no blood relatives that can be found, who qualifies to receive their estate. What will happen to their property, belongings and estate in general under the Intestacy Rules of England and Wales?
The Answer from Solicitors Online
The Intestacy Rules of England and Wales control the order and priority in which the estate of a person who died without a will, is to be distributed to their relatives. However if they have no living blood relatives that can be found then the Crown is entitled to take the remaining estate.
The Intestacy Rules and the Crown bona vancantia
When a person dies intestate and no living blood relatives can be traced, then the Crown Monarch of the United Kingdom is entitled to take the remaining estate, property and belongings of the person who has died. This is known as the Crown taking the estate bona vancantia.
Whose estate can the Crown take under the rules of bona vacantia?
The rules of bona vacantia apply to those who died as residents in the United Kingdom. However if the intestate person died as a resident of the boundaries of the Duchy of Lancaster or in Cornwall, the Duchy or Duke of Cornwall will be entitled to the intestate person’s remaining estate, and not the Crown Monarch.
What other powers does the Crown have in Intestacy?
In accordance with Section 46 of the Administration of Estates Act 1925, the Crown can give some of the estate to a person who is considered one of intestate’s dependants or any other person for whom it would be reasonable to expect the intestate person would have wanted to make provision even if they are not a blood relative.
In conclusion the Crown is the last stop as far as Intestacy Rules are concerned. If no blood relatives can be found, then the Crown will be entitled to the estate.
If you need legal advice on the Intestacy Rules and how they apply to you, you can speak to one of our Solicitors online right now.