1. Introduction
The law courts (particularly Chancery) have traditionally accepted responsibility for money and property belonging to people who cannot be found, or who have a disability which prevents them looking after it themselves. Any property was sold and turned into money, and the money was administered on their behalf. These funds may be claimed back from the court upon sufficient proof. On occasion, claimants have received large sums of money they were unaware of, and great public interest is shown in the idea of 'funds in court'. However, such cases are very rare: money is not waiting for everyone.
There are various kinds of funds in court, often loosely called 'estates in Chancery' or 'money in Chancery'. All assets will have been sold, and it is the proceeds which are lodged in court. After a fixed period of inaction (set by the legislation under which they are lodged), accounts become dormant funds, and no longer attract interest. Most funds are usually less than £150 in value.
It is inadvisable to rely on statements made (in the media and on the internet) by third parties claiming to be 'unclaimed money agents', able to recover 'money in Chancery' on payment of fees or a percentage, or to act on behalf of the 'court of Chancery'. The Supreme Court of Judicature has no such agents. It is strongly recommended that you take independent advice before making a payment to any agency in respect of money alleged to be in court.
The main types of funds in court include:
- awards of the family court
- compensation from the Civil Injuries Compensation Board
- compensation under Compulsory Purchase Acts, in cases where either the ownership of the property is unknown or the owner refuses to accept it
- legacies, where missing heirs cannot be found
- money lodged for dissenting shareholders
- mortgage foreclosures, when the mortgagor cannot be traced: the net proceeds of sale
2. Are there funds in court that you may be entitled to?
The place to start is the Court Funds Division. This receives, deals with and disposes of all funds, as directed by the civil courts of England and Wales. They have an index, and you can either visit or write to check this index.
Court fund records are confidential and they will not be disclosed to anyone who cannot produce evidence of beneficial interest. Fees are payable, and it is possible that the fund may turn out to be lesser value than the fees charged. You are strongly recommended to obtain details of fees before initiating your investigation. The Court Funds Division is not able to answer any questions about entitlement by descent or relationship, legal procedures or selection of legal advisors. The Court Funds Division does not hold any original court documents.
2.1 Visiting the Court Funds Division
Go to the Court Funds Division, at the North Entrance of 22 Kingsway, London WC2B 6LE. Here you will find a computer terminal, where you can consult the dormant funds index. The computer will lead you through any follow-up procedures. This particular service is free, although you have to pay a small charge for any printouts.
2.2 Writing to the Court Funds Division
Write to the Chancery/Family Section, Court Funds Division, 22 Kingsway, London WC2B 6LE, and ask them to search the Index for you. You will be notified of any search made at your request. Please provide:
- title of the court proceedings
- name of the court
- name(s) of the person(s) who lodged the money into court
- for whose benefit the money was lodged
- relevant dates
- assumed link between you and any of the above, i.e. evidence of beneficial interest. Do not send any original documents such as certificates of birth, marriage or death: copies are acceptable.
3. Proving an entitlement
If a fund in the index looks relevant to you, you then have to show evidence that you are entitled to all or part of the fund. You have to prove this to the satisfaction of the court which dealt with the case (the court of origin). The Court Funds Division cannot pay out any money from the fund until the court of origin makes an order for payment.
The main sources of evidence are:
- orders of the High Court
- wills, probates and letters of administration
- birth, marriage and death registers
- census returns
3.1 Orders of the High Court
The National Archives requires you, or someone on your behalf, to do the search. The other institutions will do it for you, for a fee. You will need to supply as much detail as possible relating to the order, obtained from the Court Funds Division or other sources beforehand.
3.1.1 Chancery division
For Chancery orders less than 30 years old, write to the Court Funds Liaison Officer, Chancery Chambers, Thomas More Building, Royal Courts of Justice, Strand, London WC2A 2LL. Fees will be payable.
For Chancery orders over 30 years old, orders up to 1955 are kept at The National Archives in the series J 15. Orders from 1955-1966 were destroyed in error. After 1966, orders were placed in case files, and only a small sample of these has been kept for each year. See the research guide Chancery proceedings: equity suits from 1558.
3.1.2 Court of Protection
Write to: Protection Division, The Official Solicitor to the Supreme Court, 81 Chancery Lane, London WC2A 1DD.
3.1.3 Companies Court (including winding-up proceedings)
Write to: Companies Court, Thomas More Building, Royal Courts of Justice, Strand, London WC2A 2LL
3.1.4 Family Division
Write to: The Principal Registry of the Family Division, First Avenue House, 42-49 High Holborn, London WC1V 6NP.
3.2 Wills, probates and letters of administration
After 1858, write to: The Principal Registry of the Family Division, Probate Searchroom, First Avenue House, 42-49 High Holborn, London WC1V 6NP. A paid search is available or you can conduct the search yourself.
Before 1858, the records of the main court (the Prerogative Court of Canterbury) can be seen at The National Archives. Records of other ecclesiastical courts in which wills were proved before 1858 are usually held by the appropriate county record office. See the research guide Wills and probate records for more information.
3.3 Birth, marriage and death registers
You can order certificates for births marriages and deaths from 1837 onwards from the General Register Office.
Before 1st July 1837, there was only registration of baptisms, marriages and burials. If you need help with identifying likely places to look for births and marriages, try Family Search - compiled and operated through the Church of Jesus Christ of Latter Day Saints (LDS) which is available in many reference or local history libraries. This acts as a kind of index to the parish and non-conformist registers. For members of the Church of England and the Church in Wales, these events were recorded in the parish registers. These are now usually held by the appropriate county record office. Non-conformist registers, of churches and chapels of other denominations, are held at The National Archives and are available online at BMDregisters.
3.4 Census returns
Please refer to the research guide Census returns for details of what is available and how to access it.
4. Estates which have fallen to the Crown for lack of heirs
Estates of people who died intestate and without known kin are known as "bona vacantia", and fall to the Crown. If you believe you are entitled in law to such an estate, write to the appropriate address (below). You will need to outline the basis of your claim, stating the full name of the deceased person, the date of death, the last known address and approximate age.
For most of England and Wales:
The Treasury Solicitor (Bona Vacantia),
Queen Anne's Chambers,
28 Broadway,
London SW1H 9JS
If the deceased person lived in Cornwall:
The Solicitor to the Duchy of Cornwall,
10 Buckingham Gate,
London SW1E 6LA
If the deceased person lived in Lancashire:
The Solicitor to the Duchy of Lancaster,
Lancaster Place,
Strand,
London WC2E 7ED
5.Scotland: funds in court
Enquiries concerning Scottish Estates which have fallen to the Crown in default of heirs, should be made to:
Queen's and Lord Treasurer's Remembrancer,
Crown Office,
25 Chambers Street,
Edinburgh EH1 1LA
Enquiries concerning funds lodged in the court of session and other unclaimed sums resulting from company liquidations, bankruptcies, judicial factories etc, are held (for seven years from the date of consignation) by:
The Accountant of Court,
Parliament House,
2 Parliament Square,
Edinburgh EH1 1RF
After this date, they are transferred to the Queen's and Lord Treasurer's Remembrancer at the above address.
Other enquiries may be made to:
The Keeper of the Records of Scotland,
National Archives of Scotland,
HM General Register House,
Edinburgh EH1 3YY
6. Northern Ireland: funds in court
For funds lodged in Court in Northern Ireland since 1921, write to:
The Accountant General,
Royal Courts of Justice,
Chichester Street,
Belfast
For records prior to the institution of the Supreme Court in Northern Ireland in 1921, contact The Accountant of the High Court of Justice in Dublin-see below.
7. Ireland: funds in court
For funds under the control of the Supreme Court and High Court of Justice in Ireland write to:
The Accountant General,
The High Court of Justice,
Dublin
