Bona Vacantia

Bona Vacantia refers to property that has no owner, which the state can appropriate. It applies primarily to goods left unclaimed or unadministered, allowing the government to take control of such assets.

The term originates from English common law, specifically from medieval times, when the crown claimed ownership over estates of individuals who died without heirs. The principle has evolved to incorporate various forms of unclaimed property.

In modern law, Bona Vacantia provisions allow the state to claim ownership of ownerless property, including estates without heirs, unclaimed bank accounts, and abandoned goods. Different jurisdictions have specific laws outlining the procedure by which such properties are handled and transferred to the state.

• An individual dies intestate and without living relatives, resulting in their estate being claimed by the state.
• A person abandons personal property, such as a vehicle, which then becomes the property of the state after a designated period.

• Re Witty (1960)