KLTR and Ultimus Haeres

The King’s and Lord Treasurer’s Remembrancer (“KLTR”) is the Crown’s agent in Scotland who deals with bona vacantia (essentially, ownerless property). Property and assets can fall to the Crown in a variety of ways, including where a person has died without leaving a will and has no known or traceable successors. Where this has happened, the KLTR (as agent for the Crown) is deemed ultimus haeres (a Latin term meaning “ultimate heir”), and has the right to ingather and administer the estate of the deceased. 

In circumstances such as these, the KLTR is not acting as the executor of the deceased’s estate. Rather, the KLTR has a right to administer the estate through the operation of law. As such, the KLTR does not require to be confirmed as executor of the deceased’s estate.    

In Scots Law, an estate refers to the totality of a person’s rights and liabilities that have economic value. This includes all assets owned by the deceased, such as land, buildings, shares, and money at the time of their death. Please note that the word “estate” in Scottish succession law does not imply the existence of an estate in the sense of a sporting estate or a castle. The KLTR is unaware of any unclaimed castles or country stately homes etc. that currently belong to the Crown as ultimus haeres. 

The National Ultimus Haeres Unit (NUHU), which is part of the Crown Office and Procurator Fiscal Service, investigates ultimus haeres cases and reports to the KLTR when no will is found, no entitled relatives are identified or come forward, and the estate’s value exceeds its debts.  

Once the KLTR has been notified about an ultimus haeres estate, he will pay the debts and liabilities of the deceased’s estate, and the residue of the estate will fall to Crown as the ultimate heir. 

KLTR’s Ultimus Haeres policies are published on our website and can be accessed via the following link: 

Our Policies | KLTR 

When a person living in Scotland dies without leaving a will and there is no apparent spouse, civil partner, or blood relatives, the death should be reported immediately to NUHU. Their webpage and contact details can be accessed through the following link:  

National Ultimus Haeres Unit | KLTR 

NUHU will conduct preliminary enquiries to check if there is a will or any traceable successors. 

NUHU maintains a record of estates currently under investigation to allow an entitled person to make a claim. This record, known as 'Deaths Being Investigated as Potential UH Estates', can be accessed through the following link:  

Deaths Being Investigated as Potential UH Estates | NUHU 

More general guidance regarding what to do after a death in Scotland can be accessed from the Scottish Government website through the following link:  

What to do after a death in Scotland - practical advice for times of bereavement: revised 11th edition 2016 (web only) - gov.scot (www.gov.scot) 

Legitimate heirs of estates ingathered and administered by the KLTR can claim an estate if they prove their succession. Under Scottish succession law and the KLTR policies, the KLTR’s office may pay estate funds to an executor named in the Confirmation issued for the deceased’s estate. ‘Confirmation’ is an official document issued by the Commissary Department of the relevant local Sheriff Court in Scotland, granting authority to manage a deceased’s person’s affairs. 

The KLTR’s office maintains a record of estates being ingathered and administered by the KLTR. This record is divided into the three stages of the life of an ultimus haeres case: 

1. Pending: Cases pending after being reported to KLTR 
2. In administration: Cases currently under KLTR administration
3. Completed: Cases where administration has been completed by the KLTR 

This record, known as 'Find an estate', can be accessed through the following link: 

Find An Estate | Ultimus haeres cases 

If you believe you have a valid claim to an estate held by the KLTR and wish to apply for Confirmation, we strongly recommend seeking legal advice from a solicitor qualified in Scots law. To apply for Confirmation, you will need to contact the relevant local Sheriff Court. The Commissary Department or a solicitor can advise you on the evidence required to support your application and the duties of an executor. 

This office cannot assist you in establishing any claim or tracing relatives, nor can we provide legal advice. We recommend seeking legal advice from a solicitor qualified in Scots law. The Law Society of Scotland may be able to help you find a solicitor in Scotland.