The importance of leaving a valid Will so your family can claim your estate

When someone dies without a Will or known heirs, their unclaimed estate can pass to the Crown under a principle known as Bona Vacantia, Latin for “ownerless goods.”

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In England and Wales, this typically means the estate is transferred to the Treasury. However, exceptions exist in certain areas with historical ties to royal estates.

For example, if a person dies in Lancashire, including parts of Greater Manchester, Merseyside, Cheshire and Cumbria, the estate passes to the Duchy of Lancaster, overseen by King Charles. Similarly, in Cornwall, unclaimed estates are transferred to the Duchy of Cornwall, managed by Prince William.

Why it’s important to leave a valid and up-to-date Will

Most people do not want their hard-earned wealth to end up with the state after they pass away. They would prefer to leave it with a relative, friends or a charity. Yet, without a valid Will and leaving contact details of their relatives with a lawyer, there is a risk that can happen – whether it’s money, assets or property.

Many people may fail to write a Will because they assume they can delay it for another year or simply because they want to avoid thinking about it. Others believe that their estate will automatically pass to their family, but this is not always the case.

That’s why having an up-to-date Will is crucial. It ensures your chosen beneficiaries inherit your estate. As your life and finances evolve, it’s important to review your Will regularly – ideally once a year.

We advise that everyone takes the simple step of writing a Will to ensure their wishes are clear. Regularly review it, especially after major life changes, and ensure its properly signed. This prevents your estate from falling into the wrong hands or being passed to the Crown.

Those born overseas far more likely to leave unclaimed estates behind

People born outside the UK are far more likely to leave behind unclaimed estates that pass to the Crown rather than their relatives.

Research by TWM Solicitors reveals that in 2024, approximately 32% of all unclaimed estates (1,870 out of 5,920) were left by UK residents born overseas. This is significantly higher than the 16% of the UK population who are foreign-born, according to the Office for National Statistics.

When individuals move overseas away from the rest of their family, it becomes much more difficult for authorities to trace rightful heirs, especially if they lose touch with their relatives.  If your heirs live abroad overseas or you have no direct immediate family in the UK, the risk of your estate passing to the state rather than to your chosen heirs increases significantly.

How TWM can help

Seeking expert guidance both before and after a death can ease the emotional and administrative burden for loved ones during an already difficult time.

If you would like to discuss how we can support you or your family, our experienced Private Client team is here to help – please do not hesitate to get in touch.

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When someone dies without a Will or known heirs, their unclaimed estate can pass to the Crown under a principle known as Bona Vacantia, Latin for “ownerless goods.” 

The importance of leaving a valid Will so your family can claim your estate

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