Bona vacantia and freedom of information (FOI) requests

The Bona Vacantia Division considers each request for information on its own merits. However, our general approach to several commonly made requests for information is set out below.

1. Can you tell me the value of a particular estate/give me details of the estate assets?

The Division does not generally publish or disclose the values of estates or the details of the assets making up an estate. The Division considers that publication of these details would, or would be likely to, help the commission of fraud and therefore prejudice the prevention or detection of crime. The reasons for the Division’s approach have been fully considered by the Information Commissioner - decision notice FS50532521

2. Can you tell me the identity of the successful claimant of an estate?

The Government Legal Department is subject to the Data Protection Act 2018 (DPA) and UK GDPR. The details of a successful claimant will normally constitute the personal data of a living individual. The Division must process personal data in accordance with the Data Protection Principles set out in the DPA and UK GDPR. The requirement to process data in accordance with relevant requirements will normally prevent disclosure of an individual’s personal data.

3. Can you give me the details of the administrator of an estate that has been claimed?

Administrators have an expectation that any communication that they have with the Division will be treated in confidence. Where the administrator is an individual the DPA will also apply to their personal data. We therefore do not generally release the details of administrators under the Freedom of Information Act 2000. However, if you have an interest in the estate, or represent potentially entitled beneficiaries, you should make this clear to us when making your request so that we can take that into account when we consider how to reply to your request.

4. Requests for genealogical information.

The Division publishes a list with the deceased’s name, date of death, area in which they died and the case reference number as the provision of some information may assist people to identify estates to which they may have an entitlement. The provision of further information about the estate could create opportunities for fraud or other unlawful activity. Any requests for any further information which the Division holds will be considered in accordance with all relevant statutory requirements, and all relevant exemptions will be considered and applied as appropriate (including any relevant exemption regarding the prevention and detection of crime).

5. Requests for copies of birth/death/marriage certificates.

These records are available to the general public by making an application to the relevant registry office and are therefore usually exempt from disclosure under the Act.