Bona Vacantia

Bona vacantia are unowned assets–primarily the assets of people who die without a will and without heirs. In Britain, as in the United States, unowned assets generally pass to the government but Britain is full of ancient and strange traditions and one of them is that the estates of people resident in the “ancient county palatine of Lancashire” who die without a will or heirs go to the Duchy of Lancaster.

The Duchy of Lancaster is “a portfolio of lands, properties, and assets held in trust for the sovereign.” The Duchy dates back to 1265 but in 1461 Edward IV made it a distinct and private inheritance of the reigning monarch. As such the reigning monarch is not allowed to sell the Duchy but is due any returns. To be clear, this is all different from the Crown Estate which are a bunch of land and property nominally owned by the monarch and dedicated to funding the monarchy but yet not owned by the monarch privately. Having fun yet?

Periodically someone discovers the duchies and kicks up a fuss and there is a debate about making the revenues public and giving the monarch a stipend instead. The latest fuss was kicked up by the Guardian with an article that describes the whole thing in accurate but lurid terms:

The king is profiting from the deaths of thousands of people in the north-west of England whose assets are secretly being used to upgrade a commercial property empire managed by his hereditary estate, the Guardian can reveal.

Great stuff! It could only have been improved by adding “the king and his son” are profiting from the deaths of thousands of people because there is another Duchy in Cornwall which is owned by the eldest son of the reigning monarch, in this case Prince William, where the same rules apply. Prince William also has the rights to all the royal fish caught off the shores of the Duchy—namely to whales, porpoises, and sturgeon (obviously).

Despite having once read a book on the subject, I am obviously not an expert in the intricacies of British inheritance law. Who is? But I found the back story very amusing.