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Encyclopedia > Bona vacantia

Bona vacantia (Latin for "vacant goods") is a common law doctrine in the United Kingdom under which ownerless property passes by law to the Crown. It has largely replaced the doctrine of escheat, which had a similar effect in relation to feudal tenures. The body that administers bona vacantia varies within the UK: Latin was the language originally spoken in the region around Rome called Latium. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Doctrine, from Latin doctrina, (compare doctor), means a body of teachings or instructions, taught principles or positions, as the body of teachings in a branch of knowledge or belief system. ... The Crown is a term which is used to separate the government authority and property of the state in a kingdom from any personal influence and private assets held by the current Monarch. ... Escheat is an obstruction of the course of descent and the consequent reversion of property to the original grantor. ... Feudalism comes from the Late Latin word feudum, itself borrowed from a Germanic root *fehu, a commonly used term in the Middle Ages which means fief, or land held under certain obligations by feodati. ... Tenure commonly refers to academic tenure systems, in which professors (at the university level)—and in some jurisdictions schoolteachers (at primary or secondary school levels)—are granted the right not to be fired without cause after an initial probationary period. ...

  • In England and Wales, the Bona Vacantia division of the Treasury Solicitor's Department of the UK Government is responsible for dealing with bona vacantia assets, which are chiefly:
    • Treasure Trove
    • Assets of companies for which ownership cannot be traced
    • Assets of the estates of those deceased who died intestate and for whom no beneficiaries can be traced. In such cases the department will normally distribute the property under 'discretionary grants' to persons who had been close friends of the deceased.
  • In Scotland, bona vacantia refers only to the assets of dissolved companies and lost property, which is administered under the Civic Government (Scotland) Act 1982. The separate doctrine of ultimus haerus 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, an office held by the Crown Agent, the senior official in the Crown Office and Procurator Fiscal Service (COPFS).
  • In Northern Ireland, bona vacantia is dealt with by the Crown Solicitor as the Treasury Solicitor's Nominee.
  • In the Duchies of Cornwall and Lancaster, bona vacantia is in favour of the Duchy of Cornwall or the Duchy of Lancaster instead of the Crown, highlighting the Duchies' distinct constitutional position from the rest of England, and the administration is dealt with a firm of solicitors, Farrer and Co.

The Treasury Solicitors Department (TSD) is the largest in-house legal organisation of the United Kingdom Government. ... A treasure-trove is gold, silver, gems, money, jewellery, etc found hidden under ground or in cellar or attics, etc. ... 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... Royal motto: Nemo me impune lacessit (English: No one provokes me with impunity) Scotlands location within the UK Languages English, Gaelic, Scots Capital Edinburgh Largest city Glasgow First Minister Jack McConnell Area - Total - % water Ranked 2nd UK 78,782 km² 1. ... The Queens and Lord Treasurers Remembrancer is an officer in Scotland who represents the Crowns interests in bona vacantia, ultimus haeres and treasure trove. ... The Crown Office and Procurator Fiscal Service is a Government Department in Scotland that is responsible for the public prosecution of alleged criminals. ... Dieu et mon droit (Royal motto) (French for God and my right)3 Northern Irelands location within the UK Official languages English, Irish, Ulster Scots Capital and largest city Belfast First Minister Office suspended Area  - Total Ranked 4th 13,843 km² Population  - Total (2001)  - Density Ranked 4th 1,685... Motto: Onen hag oll (Cornish: One and all) Geography Status Ceremonial and (smaller) Non-metropolitan county Region South West England Population - Total (2004 est. ... Lancaster can refer to: Places In the United Kingdom: Lancaster, Lancashire The City of Lancaster, the local government district containing Lancaster In the United States: Lancaster, California Lancaster, Kansas Lancaster, Kentucky Lancaster, Massachusetts Lancaster, Minnesota Lancaster, Missouri Lancaster County, Nebraska Lancaster, New Hampshire Lancaster, New York: Lancaster (town), New York... The standard of the Duchy of Cornwall. ... A not-so-nice duchy. ... The Crown is a term which is used to separate the government authority and property of the state in a kingdom from any personal influence and private assets held by the current Monarch. ... Royal motto (French): Dieu et mon droit (Translated: God and my right) Englands location within the British Isles Official language English de facto Capital London de facto Largest city London Area – Total Ranked 1st UK 130,395 km² Population – Total (mid-2004) – Total (2001 Census) – Density Ranked 1st UK... This article needs to be wikified. ...

External links

  • Bona Vacantia
  • Treasury Solicitor's Department
  • Crown Office & Procurator Fiscal Service

 
 

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