Can I make an equitable or moral claim on the bona vacantia estate if the Deceased has entitled beneficiary, but they do not wish to deal with nor claim the estate?
No, you cannot make an equitable or moral claim against the estate because the Deceased has next of kin who are legally entitled to inherit. An estate only becomes bona vacantia when the Deceased has no living beneficiary and no valid will naming beneficiary.
To know more about Bona Vacantia, you may visit the link: Ministry of Law | What is an equitable or moral claim on a bona vacantia estate?
What happens if beneficiary does not claim the estate
The property and moneys still legally belong to the entitled beneficiary.
What you can do instead
If you believe you deserve something from the estate:
Option 1: Get legal advice and speak to a lawyer about your situation. They can explain if you have any legal options.
Option 2: Contact the entitled beneficiary and try to speak directly with him / her.
Important notes
No guarantee of success: Even in true bona vacantia cases, equitable or moral claims are not guaranteed to succeed.
Legal costs: Making any legal claim involves costs. Consider this carefully before proceeding.
Related questions
Who can make an equitable or moral claim on the bona vacantia estate of the deceased?
What is an equitable or moral claim on a bona vacantia estate?
What are the assets of the Deceased against which I can make an equitable or moral claim?
I am not related to the Deceased, but I did help the Deceased in later years by running errands and generally looking after the Deceased. Can I be reimbursed for this?
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