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Ultimus haeres meaning
Published by a LexisNexis Private Client expert
What does Ultimus haeres mean?
In practice, this describes the Crown taking an intestate estate because there are no entitled heirs. In Scots law, ultimus haeres (Latin: last heir) is the Crown’s entitlement to the whole estate where a person dies without a will and without relatives who can inherit under the Succession (Scotland) Act 1964. The King’s and Lord Treasurer’s Remembrancer (KLTR) investigates, administers and realises such estates, settles debts and expenses, and, if a rightful heir is later established, can transfer the estate to that heir. The term is a longstanding descriptive expression in Scots law usage rather than a single statutory definition.
Elsewhere in the UK and Ireland the outcome is analogous but the terminology differs. In England and Wales and in Northern Ireland, ownerless intestate estates pass to the Crown as bona vacantia (in E&W administered by the Government Legal Department’s Bona Vacantia Division). In Ireland, unclaimed estates similarly accrue to the State under bona vacantia/escheat processes.
Practically, this arises where heir‑tracing fails, in estate administration with no kin, and in late claims by relatives. Distinguish from escheat, which concerns the reversion of certain interests in land rather than succession on intestacy.
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View the related Practice Notes about Ultimus haeres
PRACTICE NOTES
Scottish Private Client Practice Glossary: Succession, Trusts, Guardianship and Property Terms with England and Wales Equivalents
A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....
21 May
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PRACTICE NOTES
Scots Property Law Glossary: Key Terms with England and Wales Equivalents, Registers, Land Registration and Conveyancing Practice
This glossary outlines commonly used terms and phrases in Scottish property law, together with the closest England and Wales equivalents (where appropriate), and signposts guidance on differences between Scottish property transactions and law, as well as useful property-related websites. A non domino disposition Meaning A disposition granted by someone with no title to the property. Formerly, this could regularise a defective title where, after registering a non domino disposition, the grantee possessed the property openly, peaceably and without judicial interruption for ten years. Since 8 December 2014, with the commencement of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party seeking to obtain title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration. Nearest English equivalent None, although possessory title is similar. Action of specific implement Meaning A court action seeking an order compelling a party to perform a specified...
21 May
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