The Evolving Definition of “Treasure”: Treasure Act amendments
The definition of ‘Treasure’ is evolving; the government is set to expand this in the Treasure Act 1996. We look at how the Treasure Act amendments aim to save more discovered artefacts for the nation.
Existing law only classifies some items as treasure. These items must be over 300 years old. They must be made of precious metal. They may also be part of a valuable collection.
This has left many recent finds unprotected. One example is the Ryedale Hoard. It contains a horse and rider figure and a sceptre head. It represents the Roman Emperor Marcus Aurelius. This hoard is nationally significant and very rare. The Yorkshire Museum acquired it. However, it was not protected as treasure. It was made of copper-alloy, not a precious metal. This meant it could be sold to the highest bidder.
The Crosby Garrett helmet is another example. It’s a Roman cavalry helmet. Some say it’s the best find in over a century. The helmet was found near Crosby Garrett village. It also failed to be classed as treasure. A museum near its discovery lost out at auction. Several other museums also lost. A private buyer bid £2.3 million for it. This raises the risk of treasure being sold overseas. It could be taken permanently out of the country.
Treasure Act changes
Proposed changes to the Treasure Act will extend protection to artefacts of historical importance. This includes items that are more than 200 years old and contain metal.
When someone finds an object they believe to be treasure, they must notify the authorities within 14 days. A coroner will then assess the find, which starts a formal process. This process allows museums to acquire the treasure and put it on public display, ensuring it is preserved for the public.
Arts and Heritage Minister, Lord Parkinson of Whitley Bay, said:
“There has been a huge surge in the number of detectorists – thanks in part to a range of TV programmes – and we want to ensure that new treasure discoveries are protected so everyone can enjoy them.
“Archaeological treasures offer a fascinating window into the history of our nation and the lives of our ancestors. “We are changing the law so that more artefacts uncovered by archaeologists and members of the public can go on display in museums rather than ending up in private hands. This will make sure they can be studied, admired and enjoyed by future generations.”
Historian Dan Snow said:
“The search for hidden treasure has captivated us for generations but it is so much more than gold and silver. From ancient rings and coins, to Tudor drinking vessels, every discovery teaches us something new and helps us understand who we are and where we came from.
“Our shared history, and the artefacts that help us tell that story, are for everyone. That is why the treasure process is so important. These changes will have huge benefits for local communities across the country, ensuring more people can see more treasure in our museums.”
What does the amendment to the Treasure Act mean for beneficiaries of Wills?
Failing to report found treasure is likely a breach of the Treasure Act. If a person passes the item(s) to someone in their Will or a beneficiary inherits it under the Rules of Intestacy, that beneficiary could be committing an offense under the Theft Act.
Online legal magazine Today’s Wills & Probate asked a spokesperson for the Department for Culture, Media and Sport about the issue:
“If an object within the new class is discovered following the change in the law, and the finder has reasonable grounds to believe it is treasure but does not report it, then they will have committed an offence under the Treasure Act, and potentially also under the Theft Act 1968.
If they subsequently leave it to someone else in their will, the person inheriting it would not be required by the Treasure Act to report it, however they could be committing an offence under the Theft Act. Any person who comes into possession of an object they believe may be unreported treasure should report it as soon as possible.”
If you are looking to make a Will or any associated estate planning to plan for your future please call us FREE on 0800 781 6658 or email us at enquiries@estplan.co.uk
Our services help numerous clients and their families to proactively safeguard their wealth and optimise inheritance for cherished beneficiaries. Plan for the future now, ensuring later-life protection and certainty for your loved ones.