By Simon Barber, Technical Manager at Title Research
In our previous blog, we explored the process of locating missing beneficiaries named in a Will. In this next instalment of the series, we focus on the more complex situation where there is no Will at all, known as an intestacy. In these cases, a professional probate genealogist must first identify who is entitled to inherit before they can determine where those individuals are.
Intestacy and the challenge of identifying the right beneficiaries
Unlike cases involving a Will, intestacies often mean the beneficiaries are completely unknown at the outset. The first step in these cases is building a family tree with the deceased at the centre, branching out until the living next of kin are identified.
We are often asked how much information is required to begin this process. In most cases, a name and date of birth are sufficient. With this, we can obtain the birth certificate, which records the parents’ names. From there, we search for their marriage certificate, which typically names both fathers, e.g. the deceased’s grandfathers. We then continue working back and across the family line.
Proving entitlement: The importance of negative evidence
One of the most important aspects of genealogical research on an intestacy is proving negative events, for example, confirming that the deceased’s brother never married or that the deceased’s sister had no children with her spouse.
To do this effectively, we’ve developed a set of standard searches that act as the minimum baseline for proving entitlement on a family tree. These include:
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Searching for marriages from age 16 to 60;
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Searching for children of a marriage from the date of marriage to the woman’s age of 60.
Of course, we recognise that marriages and births can occur outside of these age ranges. Therefore, we build up a body of evidence to support or eliminate possibilities, documenting every relevant event - births, adoptions, marriages, and deaths.
Marriage certificates are checked to ensure neither party has been previously married. Death certificates are reviewed to verify the identity of the informant and their relationship to the deceased. We also examine Wills and Grants of anyone on the family tree who has died, which can often reveal additional family members previously unknown to us.
Gathering first-hand information from potential heirs
Another vital step is speaking directly with potential heirs. Unlike some heir hunters who may withhold information to secure a signed contract, we approach heirs with transparency - explaining who has died, how they’re related, and why we’re making contact. However, we do not disclose the name of our client or the value of the estate.
These interviews often reveal valuable insights that cannot be uncovered through public records alone. For instance, we may learn about a child born in Scotland (where records are maintained separately from England and Wales), or an adopted family member who may otherwise go unnoticed.
Ensuring accuracy and mitigating risk
All these steps help ensure that only those entitled under the laws of intestacy benefit from the estate, while others are correctly excluded. This thorough research also supports the procurement of missing beneficiary insurance, which offers protection to the Personal Representative against future claims.
As a business regulated by the Financial Conduct Authority (FCA), Title Research is permitted to liaise directly with insurers, something many genealogy firms are not authorised to do. This makes the process faster, simpler, and more secure for legal professionals.
It is this depth of research that distinguishes a professional probate genealogist from an amateur family historian. The rigour applied in proving entitlement is essential in reducing the risk of misdistribution.
Other legal applications of genealogical research
While intestacies are a major focus, genealogical expertise has broader applications in legal practice. For example, Title Research can:
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Verify the extent of a class gift in a testate estate;
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Identify next of kin for Court of Protection matters (e.g. when proving a Statutory Will);
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Trace the current owners of land where there has been no change in registration for decades.
Intestacies present a unique set of challenges, but with the right expertise, these cases can be handled efficiently and accurately.
At Title Research, we take a thorough and transparent approach to genealogical research, ensuring that Personal Representatives are protected and estates are distributed correctly. If you want to find out more, get in touch via form below.
Topics: Intestacy, Probate, Estate administration, Missing Beneficiaries, Missing Beneficiary Insurance
