Bona Vacantia, GLD and Duchy of Lancaster
Bona Vacantia, GLD and Duchy of Lancaster
The Government Legal Department (GLD) offers an outlet for public sector bodies (PSB) such as councils and hospitals to refer cases where there are no known kin. According to the GLD website, you cannot make a referral if:
| 1 |
‘There are known or likely to be entitled relatives who survived the deceased even if these have subsequently died, cannot be traced or do not wish to deal with the estate.’Many referrals from authorities come with information about family and would not meet the above criteria. These cases would remain with the authority effectively, “in limbo”. If the family is missing, who is going to find them? Estate Research offer a free service to local authorities to locate missing family members for this very purpose. Our research shows that in 95% of all cases we find next of kin therefore it is highly likely that there will be entitled relatives that survive the deceased.
In 95% of cases there are entitled relatives that survive the deceased. |
| 2 |
‘The net value of the estate is below £500 or the estate is insolvent’.Our policy is to research all cases, regardless of the size of the estate, as there is still a social value in letting family know a relative has passed away. |
| 3 |
‘There is a valid Will’.
Generally, if there is a valid Will which disposes of the deceased’s estate it should not be referred to the GLD. Furthermore, a valid Will doesn’t necessarily mean that the executors intend to carry out their duty. In these situations, we would arrange for new executors to be appointed and search for an updated Will if warranted. |
‘There are known or likely to be entitled relatives who survived the deceased even if these have subsequently died, cannot be traced or do not wish to deal with the estate.’
Many referrals from authorities come with information about family and would not meet the above criteria. These cases would remain with the authority effectively, “in limbo”. If the family is missing, who is going to find them? Estate Research offer a free service to local authorities to locate missing family members for this very purpose. Our research shows that in 95% of all cases we find next of kin therefore it is highly likely that there will be entitled relatives that survive the deceased.
In 95% of cases there are entitled relatives that survive the deceased.
‘The net value of the estate is below £500 or the estate is insolvent’.
Our policy is to research all cases, regardless of the size of the estate, as there is still a social value in letting family know a relative has passed away.
‘There is a valid Will’.
Generally, if there is a valid Will which disposes of the deceased’s estate it should not be referred to the GLD. Furthermore, a valid Will doesn’t necessarily mean that the executors intend to carry out their duty. In these situations, we would arrange for new executors to be appointed and search for an updated Will if warranted.
Over the years, the GLD have tightened up their referral criteria.
Historically the GLD would take control of any paperwork, keys, assets or valuables. However, they no longer accept any physical items relating to an estate and simply act as an intermediary to advertise the details on a list on their website.
Therefore, the referrer could end up being contacted by numerous family members and genealogy firms, which is arguably more work for the PSB. There is also a risk that a family member or genealogy firm may take matters in to their own hands – such as entering a property without authorisation or even changing the locks of a property – which can cause problems for the PSB.
Additionally, in all cases referred through this route, the opportunity for families to attend funerals will have passed. Getting family appointed as early as possible removes the need to refer the matter to the GLD.
With this in mind, all efforts should be made to locate missing next of kin. In rare cases where entitled beneficiaries are unable to be located, then the case can be passed on as a definitive GLD referral. Either way, having Estate Research complete a free next of kin search not only saves the local authority time and extra work, but also ensures that all processes have been followed correctly.