''Ultimus haeres'' (Latin for ''ultimate heir'') is a concept in Scots law where if a person in

Scotland Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...

who dies without leaving a will (i.e.

intestate Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estat ...

) and has no blood relative who can be easily traced, the estate is claimed by the

King's and Lord Treasurer's Remembrancer The King's and Lord Treasurer's Remembrancer is an officer in Scotland who represents the Crown's interests in ''bona vacantia'', '' ultimus haeres'' and treasure trove. The K<R holds two offices, both instituted at the foundation of the Cou ...

on behalf of the Crown. It is one of two rights to ownerless property that the Crown possess, the others being

bona vacantia Unowned property includes tangible, physical things that are capable of being reduced to being property owned by a person but are not owned by anyone. ' (Latin for "ownerless goods") is a legal concept associated with the unowned property, which e ...

. Because of ancient nature of the Crown's right, little academic or case law focuses on the application of ''ultimus 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). In England & Wales, such matters are dealt with under ''

''. In Scots law, bona vacantia relates to ownerless property alone, rather than property falling part of a deceased's estate with no living heirs.

Operation of ''Ultimus Haeres''

Typically, where an individual dies without leaving a valid will in Scotland, or with a Scottish domicile, (ie: they die ''intestate'') their estate is distributed amongst surviving relatives under the rules of th
Succession (Scotland) Act 1964.
However, where the deceased leaves no surviving heirs, their estate (including any land) falls to the

Crown A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...

as ''ultimus haeres'' (the ultimate heir). The QLTR, in conjunction with the Procurator Fiscal Service, operates a National Ultimus Haeres Unit (“NUHU”) based in Hamilton to receive and investigate all unclaimed estates from individuals domiciled in Scotland. The QLTR as standard practice will sell ''ultimus haeres'' land on the open market and place any monies raised on a public register for descendants of the deceased to view. There is no limit to inheritance in Scots law, and with the developments in

DNA testing Genetic testing, also known as DNA testing, is used to identify changes in DNA sequence or chromosome structure. Genetic testing can also include measuring the results of genetic changes, such as RNA analysis as an output of gene expression, o ...

, an heir to the estate will typically be found; especially with the rise of professional genealogical search companies, informally termed ''

heir hunters ''Heir Hunters'' is a BBC television programme focusing on attempts to find missing or unknown heirs, entitled to deceased people's estates before the British Treasury lawfully collects the money. The show follows the work of probate researchers ...

.''

References

{{Reflist

External links

Office of the QLTR
*A.G MacMillan, ''The Law of Bona Vacantia in Scotland''. (W. Green & Son, limited, 1936) Latin legal terminology Scots law legal terminology Wills and trusts Scots law Scots property law