News & Events


Avoiding a DIY Disaster

9th June 2010

Kevin Cole, Case Manager, Title Research

Genealogy is a hobby which seems to be getting more and more popular, with the BBC programme “Who Do You Think You Are” bringing the subject to a mass audience. The availability of online resources on websites such as Ancestry and Find My Past has made family research more accessible than it was several years ago and this has had an impact on the probate sector. Personal Representatives (PRs) may be tempted to research the family of the deceased person themselves, with the aim of establishing the rightful heirs to the estate that they are administering. This is perfectly understandable, as it is the PR’s role to act in the best interest of the estate and the savings made in not instructing a professional probate research firm may at first sight appear attractive. Furthermore, it gives the PR a chance to draw up the family tree and discover some potentially interesting family history in the process.

However, in a number of cases, we have shown that well-meaning PRs’ DIY research has put them on the point of distributing incorrectly, e.g. to the Deceased’s cousins when, in fact, the next of kin has been in the class of the Deceased’s siblings of the whole blood. In other cases, PRs have mistakenly identified second cousins (never entitled as of right on intestacy in England & Wales) instead of first cousins once removed (who can be) and we have been able to help our clients avoid an incorrect distribution and its effects.

Another argument put forward by PRs is that they know everyone in their family and, therefore, they know who the entitled beneficiaries are. It is our experience that a family will often have a hitherto unknown element, or skeleton in the closet, that can only be discovered through systematic research. An example of such an event is a relative’s previous or subsequent marriage that produced issue; such an event should be picked up by systematic research.

Another benefit of instructing a professional organisation is that it opens up the possibility of obtaining a missing beneficiary indemnity policy, which would protect the PR against a potential claim against the estate by someone in the future. Insurers tend to provide cover only when systematic research has been undertaken by a firm of professional probate genealogists.

Once the heirs at law have been identified and located and, if applicable, an insurance policy has been obtained, it is then necessary to establish what share of the estate each beneficiary is due. Experience of working with the laws of succession of numerous jurisdictions worldwide means that distribution schedules detailing the shares of each beneficiary can be provided by the professional services genealogist.

For further information regarding the article above or for a free no obligation assessment of your case please contact Kevin Cole on +44 (0)20 7332 9090 or email on kevin.cole@titleresearch.com

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