Unclaimed Estates & Finding Missing Beneficiaries | Curtis Parkinson
Unclaimed Estates and Finding Missing Beneficiaries

Unclaimed Estates & Finding Missing Beneficiaries

Many people are inspired to delve into their pasts by watching programs such as ‘Who Do You Think You Are’. They find out whether their relatives are worthy of further investigation. And the key to making this process accessible is the digitisation of census records and the internet in general. Yet, when it comes to unclaimed Estates and finding relatives who may be ‘lost’ beneficiaries, too many still “fall to the Crown” as bona vacantia – or ownerless assets.

Named Beneficiaries

When there is a Will, finding named beneficiaries falls to the Personal Representative (Executor or Administrator). And they are legally obliged to make every effort to find them. Sometimes, placing adverts in the local press fails to unearth their location, so Probate specialists use tracing agencies to investigate more deeply.

Unknown Beneficiaries

However, when someone dies without a Will, the beneficiaries’ identity is opaque. Intestacy rules determine who inherits and who is appointed to deal with the deceased’s Estate (Personal Representative).

So, when the deceased hasn’t married or had children, finding the name (let alone their beneficiaries’ location) is more daunting—one of the main reasons why so many Estates fall ‘to the Crown’. Leaving ownerless assets is not a rare occurrence.

As when a person leaves a Will, it’s the Personal Representative’s job to identify who the beneficiaries of the Estate are. And, according to the Bona Vacantia Division (BVD) of the government’s legal department, “over 80% of the estates referred” to them each year “are not bona vacantia”. It’s possible to find family members who are entitled to inherit in most cases.

Probate specialists can help you to identify beneficiaries. Usually, constructing a family tree is the first step. Invariably, confirming their eligibility includes authenticating official documents such as birth and marriage certificates.

Recent Case

We were recently involved in the administration of the Estate of Edna B, who died without making a Will (intestate). Edna, 91, had not married and didn’t have children or parents surviving. Her brother Harry B, 89, was daunted by the prospect of dealing with his sister’s Estate and asked us to help.

The Estate was not complicated. Edna did not own her home and had limited assets, totalling £75,000. Harry was part of a large family, with five brothers and sisters. One younger sister was still living. Their older siblings had died before Edna, some leaving children.

Firstly, under the rules of Intestacy, we established that Harry was entitled to administer the Estate. After valuing the Estate, we applied for a Grant of Representation on his behalf. He provided us with brief details about his siblings, so we used that as a starting point. Ultimately, we contacted and verified all the beneficiaries entitled to a share of the Estate.

Result

After ten months, we obtained a Grant of Representation, settling Edna’s debts, liabilities and administration expenses. We contacted over 20 relatives. Many were reunited, and some met each other for the first time.

The specialist estate research company we use to check the family tree also provided us with an insurance indemnity policy, giving us peace of mind in case other members of the family turn up at a later date. After all, it’s possible for illegitimate children to turn up unexpectedly or family member turns out not to be a family member!

Our Advice

Our client Harry was fortunate. His sister’s Estate did not fall to the Crown, and her heirs received their inheritance. However, finding missing beneficiaries is not for the faint-hearted. Tracing family members, verifying their identity and establishing eligibility can be tricky.

Undoubtedly, engaging a professional, experienced probate specialist can help. For further information or advice, contact us or book a video appointment online. We’re here to help.

 

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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