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Ultimus haeres (Latin forultimate heir) is a concept inScots law where if a person inScotland who dies without leaving a will (i.e.intestate) and has no blood relative who can be easily traced, the estate is claimed by theKing's and Lord Treasurer's Remembrancer on behalf of the Crown. It is one of two rights to ownerless property that the Crown possess, the others beingbona vacantia.
Because of ancient nature of the Crown's right, little academic or case law focuses on the application ofultimus haeres in Scots Law. However, the leading authoritative text in this area is A.G MacMillan,The Law of Bona Vacantia in Scotland. (W. Green & Son, limited, 1936).[1]
InEngland & Wales, such matters are dealt with underbona vacantia. In Scots law, bona vacantia relates to ownerless property alone, rather than property falling part of a deceased's estate with no living heirs.
Typically, where an individual dies without leaving a valid will in Scotland, or with a Scottish domicile, (i.e.: they dieintestate) their estate is distributed amongst surviving relatives under the rules of theSuccession (Scotland) Act 1964.[2]
However, where the deceased leaves no surviving heirs, their estate (including any land) falls to theCrown asultimus haeres (the ultimate heir). The KLTR, in conjunction with theProcurator Fiscal Service, operates aNational Ultimus Haeres Unit (“NUHU”) based in Hamilton to receive and investigate all unclaimed estates from individuals domiciled in Scotland.[3]
The KLTR as standard practice will sellultimus haeres land on the open market and place any monies raised on a public register for descendants of the deceased to view.[4] There is no limit to inheritance in Scots law,[5] and with the developments inDNA testing, an heir to the estate will typically be found, especially with the rise of professionalprobate researches who approach oblivious heritors in return for a fee.
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