Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Bona vacantia definition

What does Bona vacantia mean? Bona vacantia describes ownerless property. In practice it most often arises when a company is dissolved leaving assets, a person dies intestate with no heirs, a trust fails, or property is disclaimed. The term is descriptive, though its effect is set out in statute in several contexts. In England and Wales, such property vests automatically in the Crown (or, if situated within the Duchy of Lancaster or the Duchy of Cornwall, in that Duchy). For dissolved companies and intestate estates this is reflected in legislation (including the Companies Act 2006 and Administration of Estates Act 1925). The Government Legal Department’s Bona...

Bona Vacantia on Company Dissolution in England and Wales: Crown/Duchy Vesting, Disclaimer, Vesting Orders, Mortgagees, Sale, Restoration and HMRC Guidance

Published by a LexisNexis Property expert

Practice notes

dissolution

If a company governed by the Companies Act 2006 (or any earlier Companies Acts) is dissolved, all property it owns at the moment of dissolution—together with any rights vested in it or held on trust for it, but excluding assets it holds on trust for another—vests in the Crown as bona vacantia (that is, ownerless property) under CA 2006, s 1012(1). Where the company’s registered office lies within the Duchy of Cornwall or the Duchy of Lancaster, the bona vacantia instead passes to the relevant Duchy. Be aware that freehold land situated within the Duchy of Cornwall vests in the Duke of Cornwall on dissolution regardless of the location of the company’s registered office. Note: the Duchy of Cornwall is held by the Duke of Cornwall under a 1337 charter (which grants the dukedom to the monarch’s eldest son and heir to the throne), and it extends across the entire county of Cornwall...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...