A government list known as ‘Bona Vacantia' has been taken offline, after a BBC investigation uncovered evidence that criminals were using it to steal assets worth millions from the estates of people who have died.
What is Bona Vacantia?
The bona vacantia (meaning “ownerless goods”) system in England and Wales governs the transfer of ownerless property to the Crown in situations where a person dies intestate without heirs.
The role of heir hunters
Genealogical researchers, also known as heir hunters, specialise in locating people who are entitled to inherit from a deceased person's estate under the intestacy rules. They carry out research to trace family trees and identify individuals who may be entitled to inherit, verifying the relationship between the deceased and potential heirs by examining records like birth, death, and marriage certificates and census records. They tend to work quickly, often competing with other heir hunters to be the first to contact the deceased's heirs.
Typically, heir hunters operate on a contingency fee basis, so that they only get paid (generally as a percentage of the estate's value) if they successfully locate and prove the entitlement of the heirs. This means they have a vested interest in finding and verifying rightful heirs.
How the Bona Vacantia list is used
The detective work of heir hunters starts with the Bona Vacantia list and has inspired a whole television series. The beneficiaries entitled to inherit under an intestacy may have had little or no contact with their deceased relative. Circumstances such as a previous family rift or emigration may have contributed to such a situation.
If no personal representatives (PRs) or beneficiaries come forward following a death, the local authority may put the deceased's name on the Bona Vacantia list. But if a valid Will is subsequently found, the deceased is no longer intestate and the terms of that Will take precedence over the intestacy rules.
Criminals faking Wills
The BBC investigation found evidence that a crime gang was working very quickly to fake Wills in their favour, purportedly made by deceased persons whose names had appeared on the Bona Vacantia list. It appeared that members of the gang were applying for a Grant of Representation based on the ‘fake' Will and stating that the value of the estate was below the inheritance tax (IHT) threshold. The Probate Registry generally issues the Grant for low-value estates fairly quickly.
The gang was apparently able to get their hands on the deceased's estate to empty the bank accounts and even sell off the deceased's house, all before the heir hunters applied for a Grant on behalf of the true beneficiaries.
Concerns about probate system vulnerabilities
The investigation raises important questions about the potential vulnerability of the probate system in England and Wales. The process relies heavily on the honesty and diligence of PRs, who are responsible for reporting the deceased's assets and liabilities accurately.
PRs are legally obliged to identify, value and report all assets and liabilities in the deceased's estate. They must confirm that the information provided in the IHT account is correct and complete, having made the fullest enquiries reasonably practicable to determine the value of the assets. While dishonest PRs could underreport the value of the deceased's assets by omitting certain properties or undervaluing them, legislative penalties exist to counter such behaviour and failure to comply with their duties can result in personal liability.
Understanding intestacy rules
The intestacy rules come into play when an individual dies without leaving a valid Will. These govern the distribution of the deceased's estate to their relatives in a predetermined order of priority, depending on which family members survived the deceased. For instance:
- If the deceased is survived by a spouse or civil partner and children, the spouse or civil partner is entitled to a statutory legacy, personal possessions, and a share of the remaining estate, while the children inherit the balance.
- If there are no children, the spouse or civil partner may inherit the entire estate.
- Where the deceased has no surviving spouse, civil partner, or children, the estate passes to other relatives in a specific order of priority.
- If no relatives can be identified, the estate may pass to the Crown as Bona Vacantia.
Why making a Will is essential
The intestacy rules are archaic and are rarely appropriate, for example, because they take no account of the actual wishes of the person who has died, how their property was held (jointly, in their sole name etc.), the requirement to provide for dependants, or the need to appoint guardians for minor children.
It is almost always advisable to make a Will, seeking advice from a suitably qualified and regulated professional such as a solicitor, and to keep it up to date, ensure that it is safely stored, and make appropriate persons aware of its existence.
As if this were needed, the recent BBC investigation provides yet more reason to take these sensible steps to ensure that your estate will pass on according to your wishes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
