When a person dies leaving a Will those tasked with sorting out the estate often have a lot of work to do. One of those tasks is to locate all the beneficiaries named in the Will. Sometimes, the beneficiaries are hard to track down, creating additional stress to what is usually a very difficult time.
Our blog sets out to help you understand the process and jargon, how to search for missing beneficiaries, understand why people sometimes disappear and what to do if you cannot find an heir.
Intestacy
If the deceased died without a Will the estate is distributed under the laws of intestacy. When this happens the first beneficiaries are the next of kin, regardless of how close or distanced they were from the deceased. Missing relatives may still need to be located.
Family estrangement
Estrangement is common and can be complicated. Just because someone is named in the Will doesn’t mean they were necessarily close to the deceased, although they may have been once. The estrangement doesn’t necessarily mean they are not entitled to benefit though. Tracking someone down who is not known to anyone involved with the deceased can be a challenge.
What can you do if a beneficiary is believed to be missing?
There are a number of ways to track down a missing beneficiary. Some are easy and quick while others can take time and effort, so start with the easy and logical ones first:
- Talk to the friends and family of the deceased to see if they have heard of the missing person.
- Check the Electoral register
- Check the birth, marriage and death register
- Check the consumer and credit databases
- See the assistance of a professional genealogist. This can be particularly helpful if the search results from intestacy as it will help ensure that the right people benefit. It can also uncover additional family members that were previously unknown.
Conduct a Will search
Beneficiaries can be missing because a Will has not been located. While it is possible for you to carry out a basic search for a Will, it is better to employ a professional who can carry out a detailed search. If a Will does exist, a professional will find it.
What can you do when beneficiaries cannot be located?
Sometimes, despite all efforts, a beneficiary remains elusive. When this happens there are a number of options available to you:
Inheritance distributed
In this instance, the heir’s funds are distributed between the known beneficiaries, but they have to sign an indemnity policy to agree to return this portion of the estate if the individual is later found.
There is a risk to this as it could be a long time before the missing beneficiary is found and by then the funds may not be available to re-distribute.
Inheritance held
The inheritance can be held until the beneficiary turns up. Be aware though, that the file remains open until the individual is found, so this is not an ideal long-term solution.
Ways to avoid the problem of a missing beneficiary
To ensure that the people you want to leave something to can be easily found, the best way is to ensure your Will is up to date. When naming people in your Will give clear details for each person, adding as many contact details as you can.
Avoid using phrases such as “to my grandchildren/nephews/nieces”, leave specific details. This makes it clear to the Executor and avoids any confusion as to who may or may not be entitled to benefit.
Gift clauses are another way to ensure that your estate passes to those who you intend it to. By being specific, for example, “I leave xxx to my sister during her lifetime and on her death, my nephew”, you ensure that if the original beneficiary dies your estate passes on to the person you choose.
If you have any questions about writing or updating a Will or searching for beneficiaries, please don’t hesitate to contact us https://beesandco.com/contact/
