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Bona vacantia

 

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Bona vacantia



 
 
Bona vacantia (Latin for "vacant goods") is a common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 doctrine
Doctrine

Doctrine is a codification of beliefs or "a body of teachers" or "instructions", taught principles or positions, as the body of teachings in a branch of knowledge or belief system....
 in the United Kingdom under which ownerless property passes by law to the Crown
The Crown

Throughout the Commonwealth realms, the Crown is an abstract metonymy concept which represents the legal authority for the existence of any government....
. It has largely replaced the doctrine of escheat
Escheat

Escheat is a common law doctrine that operates to ensure that property is not left in limbo and ownerless. It originally referred to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudalism lord....
, which had a similar effect in relation to feudal tenure
Tenure

Tenure commonly refers to life tenure in a job and specifically to a senior academic's contractual right not to have their position terminated without just cause....
s. The body that administers bona vacantia varies within the UK:










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Bona vacantia (Latin for "vacant goods") is a common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 doctrine
Doctrine

Doctrine is a codification of beliefs or "a body of teachers" or "instructions", taught principles or positions, as the body of teachings in a branch of knowledge or belief system....
 in the United Kingdom under which ownerless property passes by law to the Crown
The Crown

Throughout the Commonwealth realms, the Crown is an abstract metonymy concept which represents the legal authority for the existence of any government....
. It has largely replaced the doctrine of escheat
Escheat

Escheat is a common law doctrine that operates to ensure that property is not left in limbo and ownerless. It originally referred to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudalism lord....
, which had a similar effect in relation to feudal tenure
Tenure

Tenure commonly refers to life tenure in a job and specifically to a senior academic's contractual right not to have their position terminated without just cause....
s. The body that administers bona vacantia varies within the UK:

  • In England and Wales
    England and Wales

    England and Wales is a legal unit within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom....
    , the Bona Vacantia division of the Treasury Solicitor's Department
    Treasury Solicitor's Department

    The Treasury Solicitor's Department is the largest in-house legal organisation in the United Kingdom's Government Legal Service.The Department is headed by the Treasury Solicitor....
     of the UK
    United Kingdom

    The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
     Government is responsible for dealing with bona vacantia assets, which are chiefly:
    • Treasure trove
      Treasure trove

      A treasure trove may broadly be defined as an amount of gold, silver, gemstones, money, jewellery, or any valuable collection found hidden underground or in places such as cellars or attics, where the treasure seems old enough for it to be presumed that the true owner is dead and the heirs undiscoverable....
    • Assets of dissolved companies
    • Assets of the estates of those deceased who died intestate
      Intestacy

      Intestacy is the condition of the estate of a person who dies owning property greater than the sum of his or her enforceable debts and funeral expenses without having made a valid will or other binding declaration; alternatively where such a will or declaration has been made, but only applies to part of the estate , the remaining estate fo...
       and for whom no beneficiaries can be traced.
  • In Scotland
    Scotland

    conventional_long_name = ScotlandAlba|common_name= Scotland|image_flag = Flag of Scotland.svg|flag_width = 130px...
    , bona vacantia refers only to the assets of dissolved companies and lost property, which is administered under the Civic Government (Scotland) Act 1982
    Civic Government (Scotland) Act 1982

    The Civic Government Act 1982 is an Act of Parliament of the United Kingdom Parliament which makes provision for a wide range of civic government matters....
    . The separate doctrine of ultimus haeres
    Ultimus haeres

    Ultimus haeres is a concept in Scots law where if a person in Scotland who dies without leaving a will and has no blood relative who can be easily traced, the estate is claimed by the Queen's and Lord Treasurer's Remembrancer on behalf of the Crown....
     states that the assets of those who die intestate leaving no other person entitled to inherit pass to the Crown. Both of these rights, together with treasure trove, are administered by the Queen's and Lord Treasurer's Remembrancer
    Queen's and Lord Treasurer's Remembrancer

    The Queen's and Lord Treasurer's Remembrancer is an officer in Scotland who represents the Crown's interests in bona vacantia, ultimus haeres and treasure trove....
    , an office held by the Crown Agent, the senior official in the Crown Office and Procurator Fiscal Service (COPFS).
  • In Northern Ireland
    Northern Ireland

    conventional_long_name = Northern Ireland|native_name= Tuaisceart ?ireannNorlin Airlann|motto =|image_map = Europe location N-IRL2.png...
    , bona vacantia is dealt with by the Crown Solicitor as the Treasury Solicitor's nominee.
  • In the Duchies of Cornwall
    Duchy of Cornwall

    The Duchy of Cornwall is, with the Duchy of Lancaster, one of the two Royal duchy in the United Kingdom. The eldest son of the reigning Monarchy of the United Kingdom inherits the duchy and title of Duke of Cornwall at the time of his birth ....
     and Lancaster
    Duchy of Lancaster

    The Duchy of Lancaster is one of the two Royal Duchy in England, the other being the Duchy of Cornwall, and is the personal property of the monarch....
    , bona vacantia is in favour of the Duchy of Cornwall
    Duchy of Cornwall

    The Duchy of Cornwall is, with the Duchy of Lancaster, one of the two Royal duchy in the United Kingdom. The eldest son of the reigning Monarchy of the United Kingdom inherits the duchy and title of Duke of Cornwall at the time of his birth ....
     or the Duchy of Lancaster
    Duchy of Lancaster

    The Duchy of Lancaster is one of the two Royal Duchy in England, the other being the Duchy of Cornwall, and is the personal property of the monarch....
     instead of the Crown
    The Crown

    Throughout the Commonwealth realms, the Crown is an abstract metonymy concept which represents the legal authority for the existence of any government....
    , and the administration is dealt with by a firm of solicitor
    Solicitor

    In the United Kingdom and Republic of Ireland, the legal profession is split between solicitors and barristers, and a law practitioner will usually only hold one title....
    s, Farrer and Co.
  • In the City of London
    City of London

    The City of London is a geographically small city status in the United Kingdom within Greater London, England. It is the historic core of London around which, along with Westminster, the modern conurbation grew....
     and Bristol
    Bristol

    Bristol is a City status in the United Kingdom, unitary authority area and Ceremonial counties of England in South West England, west of London, and east of Cardiff....
     bona vacantia is in favour of the cities' museums.


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