Bona Vacantia: Why English Monarchs Inherit Properties of Heirless People

Depending on a country's estate laws, a person who dies intestate will usually have their properties inherited by the closest of kin. So, someone who dies without children will have their property given to the spouse, parents, or the nearest relative. However, the intestacy rules in England and Wales are different due to the rules set out in the Administration of Estates Act 1925 and the legal principle of bona vacantia.

Bona vacantia simply means "ownerless goods", which is what happens to a person's estate if they die without a will, and without any close kin. Relatives who are further away than first cousins cannot be considered heirs. So, in England and Wales, the law states that the bona vacantia part of an intestate person's estate will go to the crown.

Now, here's where things are a bit more interesting with King Charles III. Usually, the Treasury solicitor handles the collection of these estates. However, there is a stipulation under the Administration of Estates Act 1925 that states that the estates of residents of County Palatine in Lancaster, which includes part of northern England, shall be inherited by the Duke of Lancaster, who is currently King Charles III.

The same thing is true for the county of Cornwall, the estates of which pass on to the Duke of Cornwall, who is coincidentally also the Prince of Wales, Prince William.

Generally, the heirless estates of Lancashire and Cornwall would go to charity, but some are questioning whether this rule is fair in the first place. While the majority of England's heirless estates goes to the state, those in the two duchies above go directly to King Charles and Prince William. So, in the public's best interest, it would be best to write a will while they're ahead.

(Image credit: Dan/Unsplash)


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