By Simon Barber, Technical Manager at Title Research
Anyone involved in the administration of estates will undoubtedly encounter a beneficiary who appears to be missing at some stage in their career. Fortunately, it is not a common occurrence for most practitioners. However, as professional genealogists for the legal sector, our expert team deals with these situations daily.
Why do missing beneficiaries become an issue?
How does the problem arise in the first place? Most frequently, it's because the Will is fairly old, and the beneficiary in question no longer lives at the address the Testator gave for them. Sometimes, there's no address given for a beneficiary in the Will at all. Instead, merely their name and relationship to the deceased are listed. For example, "my nephew Joe Bloggs" or, "my god-daughter Jane Doe".
However it occurs, the Executor has a legal obligation to follow the terms of the Will and ensure that each beneficiary receives the share of the estate due to them.
Tracing missing beneficiaries with confidence
Having been involved in tracing missing beneficiaries for more than 20 years, I can confidently say that the process has become less speculative and more accurate, thanks to improvements in technology and the resources now available.
This means I can say, with some certainty, that most beneficiaries who appear to be missing in the UK can now be successfully traced – and fairly swiftly. A professional genealogist will have many resources available to them, which, when interrogated by a suitably trained and experienced researcher, should allow them to locate the missing person on behalf of the Executor, and enable payment of their legacy or share of the estate.
Often, it takes less than two hours of research time to finalise the matter, including establishing contact with the individual and verifying that they are indeed the correct person. A fixed fee can normally be offered for this service, which is invariably less costly to the beneficiary or the estate than the percentage-based fees favoured by heir hunting companies.
What happens if a missing beneficiary can't be traced?
Of course, there will always be a minority of missing beneficiaries who cannot be located. In this scenario, Executors should seek a missing beneficiary indemnity policy.
Insurers will always expect to be provided with a full and detailed report from a reputable probate genealogist before considering the risk. Many genealogists are regulated by the Financial Conduct Authority (FCA), which enables them to liaise with insurers to obtain quotations. As part of your due diligence, it is always worthwhile checking this point before confirming instructions.
Missing beneficiary policies are an acceptable expense for the estate to bear (see Evans v Westcombe, 1999) and offer protection for both the Executor and the known beneficiaries from any future claim. Once the policy is in place, the missing beneficiary’s share can fall into residue as if they had predeceased without issue.
In summary
Missing beneficiaries believed to be in the UK should not cause a practitioner any long-term challenges. A well-resourced and experienced genealogist should be able to work with you to put a cost-effective solution in place, ensuring the estate can be distributed in full, the Executor is protected from potential future personal liability, and your file can be closed permanently.
Title Research provides fast, fixed-fee access to genealogical research, making us the safe choice for the resolution of complex estate administration cases. If you want to find out more, get in touch with our Client Services Team by calling 0345 87 27 600 or emailing info@titleresearch.com.
Topics: Probate, Estate administration, Missing Beneficiaries, Missing Beneficiary Insurance
