Escheat and Bona Vacantia

Escheat

Since feudal times, Jersey’s land law has been based on a system of tenure. A freeholder is not an absolute owner but a ‘tenant in fee simple’ holding from his Seigneur as lord of the land in question. The Seigneur is often referred to as the lord of a manor.

Whenever a ‘tenancy in fee simple’ comes to an end, the land in question may become reverted back to state ownership (known as escheat). In this scenario, the Seigneur becomes entitled to take possession of it, according to the Seigneurial Rights (Abolition) (Jersey) Law 1966.

Land, and any buildings thereon, in Jersey will escheat to the Crown if:

• a person being a freeholder dies intestate (without leaving a will) and with no legal heir as defined by the Wills and Successions (Jersey) Law 1993
• a company being a freeholder is dissolved without first disposing of its interest

The term escheat is now often applied to moveable property but this is not strictly correct. In these notes moveable property is dealt with as bona vacantia.

Bona Vacantia

The term bona vacantia literally means “vacant goods” and is the legal name for all ownerless property, which is claimed by the Crown. The Crown’s claim to bona vacantia arises in Jersey by virtue of the Royal Prerogative — that is, at common law.

Moveable property, including interests in land and buildings as something other than freeholder, will become Bona Vacantia if:

• the owner dies intestate (without leaving a will) and with no legal heir as defined by the Wills and Successions (Jersey) Law 1993
• the owner, being a company or other legal entity, is dissolved without first disposing of its interest

Fees

HM Receiver General will charge a fee for the recovery, holding and distribution of Bona Vacantia assets. The fee is calculated in accordance with the guidelines laid down by HM Treasury Solicitor (BVD) and is as follows:-

5% of the value of the assets transferred to HM Receiver General, or the interest earned whilst the assets are under the administration of HM Receiver General or £500 whichever is the greater.

Holding of Foreign Currencies

HM Receiver General holds accounts in most major currencies. However, due to banking constraints, amounts received in minor currencies or below the equivalent of £20,000 at the time of receipt will be converted into pounds sterling.

Deutsche Bank Employee Share Scheme (or ‘Equity Plan’)

Deutsche Bank has announced previously that it is winding-down its operations in Jersey during 2019. As part of that process, Deutsche Bank has transferred to HM Receiver General certain custody assets that it held for former employees (the “Former Employees”) who were awarded shares under the Deutsche Bank Employee Share Scheme (the “Assets”). This followed the Royal Court of Jersey providing its blessing on 18 March 2020 of the transfer of the Assets to HM Receiver General.

HM Receiver General has agreed to hold the Assets for a period of 15 years from the date on which he receives them from Deutsche Bank, at the end of which title in the Assets will pass absolutely to the Crown. As the Assets are being transferred by Deutsche Bank in stages, the 15 year period will expire on different dates for different Assets – the first of those 15 year periods (which applies to the substantial majority of the Assets) will expire on 30th April 2035.

Anyone who believes that they have a claim should contact HM Receiver General at the address below before the end of the said 15 year period. Upon a Former Employee’s identity being verified, HM Receiver General will arrange for their Assets to be returned to them.”

Unclaimed personal estates

The table below includes all unclaimed personal estates notified to HM Receiver General since 1st January 2010 updated 30^th June 2020.

RG Ref	Date	Surname	Forename(s)	Date of Death	Place of Death	Date of Birth	Place of Birth
20-May	15/01/2020	Ahluwalia	Rajesh	16/09/2012	England	30/03/1963	India
20-Jun	15/01/2020	Hercik	Lilian Yvonne	14/09/2006	France	Unknown	Unknown
19-101	08/11/2019	Botelho	Almorinda	16/04/2005	Jersey	Unknown	Unknown
19-103	18/12/2019	Chatel	William Ernest	21/03/2019	Jersey	14/02/1937	Jersey
19-51	08/04/2019	Kenshole	Hilda Enid Margaret	21/06/1989	Jersey	Unknown	Unknown
19-42	18/03/2019	Scully	Aldwyn Percival	25/02/2018	Jersey	24/03/1940	Newport, Wales
18-40	19/06/2018	Williams	Anthony John	21/06/2017	Jersey	01/09/1944	York, England
ZJPL94	23/03/2016	Beck	Edwina	14/11/2011	Jersey	02/11/1921	Essex, England
ZJPD07	23/03/2016	Canavan	Paul	14/03/2014	Jersey	14/04/1964	Jersey
ZJPL07	23/03/2016	Davison	Barbara	30/09/2007	Jersey	26/07/1939	Jersey
ZJPS58	23/03/2016	Howard	Kenneth	25/07/2011	Jersey	08/02/1949	Lancashire, England
ZJQL10	23/03/2016	Jean	Doreen	01/02/2013	Jersey	31/08/1932	Jersey
ZJPS14	23/03/2016	McKenzie	Pamela Lesley	27/02/2009	Jersey	28/02/1927	Portsmouth, England
ZJQO33	23/03/2016	O’Connor	Charles	26/05/2012	Jersey	03/09/1927	Jersey
ZJPL83	23/03/2016	Saidubreil	Jean	24/02/2011	Jersey	30/11/1945	Fougeres, France
ZJQM19	23/03/2016	Sewell	Derek	21/09/2012	Jersey	30/10/1929	Jersey
ZJPL70	23/03/2016	Sweet	Phyllis	22/05/2010	Jersey	13/05/1920	Jersey
ZJPS39	23/03/2016	Turner	James	22/10/2011	Jersey	28/07/1938	Uxbridge, England
ZJPL86	23/03/2016	Walters	Myra	01/02/2011	Jersey	21/12/1919	West Midlands, England
15-37	20/07/2015	Dale	Charles Peter Robert	25/03/2015	Jersey	02/04/1940	Eccles, England
15-71	25/11/2015	Davies	Margaret Mary	15/06/2014	England	04/08/1925	Glossop, England
15-38	04/08/2015	England	Clarice Edith Lydia	25/07/1998	Jersey	05/01/1918	Jersey
13-Jun	08/02/2013	Cowan	Athol Ernest	04/10/2010	England	Unknown	Unknown
13-Oct	14/10/2013	Cox	Kenneth Edward	29/03/2010	England	Unknown	Unknown
Dec-21	03/05/2012	Jonker	Arthur Hans	25/11/2011	England	05/10/1933	Netherlands

To make a claim contact:

Her Majesty’s Receiver General for Jersey
Office of the Lieutenant-Governor
St Saviour’s Hill
Jersey
Channel Islands
JE2 7GH

Phone: +44 (0) 1534 441702

Email HM Receiver General