Today I’m talking
about Bona Vacantia, ownerless goods. What this means is, in the category of
people I’ve talked about in intestacy, none of them exist and it all goes to
Who are those
categories of people again where there’s no Will? There is no spouse, no
children, no parents, no siblings, no grandparents, no aunts and uncles, no
cousins, first cousins. If those people don’t exist at the time of the death,
all the estate goes to the State Government and they can spend it on how they
like, bridges, roads, what-have-you.
can be brought on that Bona Vacantia, when it goes to the Government, if the
claimant can show some certain reasons as to why they should receive something.
These would be
people who don’t benefit under intestacy or people who aren’t eligible persons
under family provision. They have to make a claim via the Crown Solicitor to
the Attorney General and they have to be someone who would be dependent but
that would be someone who received regular payments from the deceased or a
charity or an organisation where there may be some expectation the deceased
should have made some payment to them or anyone else who has a moral and just
claim upon the estate.
Very difficult process, completely at the discretion of the Attorney General. There’s about 15 ownerless goods estates per year, anecdotally, but to avoid all this happening what can you do? Make a valid Will. Very easy. That’s all today. Thanks for joining me. Talk again next time.
Turnbull Hill Lawyers, and specifically Adrian Corbould and Mary Windeyer, have been named in the prestigious 2023 Doyles Guide. Both were also listed in the 2022, 2021, 2020 and 2019 guides.