What happens if a beneficiary cannot be found?

When someone dies, their estate must be distributed to the relevant beneficiaries. This will either be the beneficiaries named in a valid Will, or, if not, on the application of the Rules of Intestacy.

The Personal Representatives (PRs) of a deceased person’s estate are responsible for finding the relevant beneficiaries who will inherit and making sure that the estate is distributed accordingly.

What can I do if I cannot locate a beneficiary?

If the PR is struggling to locate a beneficiary, or the beneficiary has already died, then the PRs must take all reasonable steps to trace the beneficiary that cannot be located or the relatives of a beneficiary who has already died.

How can I do this?

You can do this by:-

• Contacting all friends and family members of the beneficiary in question;
• Carrying out a Section 27 Notice – this allows potential creditors and beneficiaries to come forward;
• Instructing a genealogist to attempt to locate the missing beneficiary if none of the above are successful. Should you wish to discuss this further, our solicitors at Johnson Astills would be pleased to assist you.

If these steps are unsuccessful, there are options that are available and these include:-

• Distributing the funds and getting the other beneficiaries to sign an indemnity to return the missing beneficiary’s share of the money should they come forward or are found;
• Distributing the estate and taking out an insurance policy that would pay the missing beneficiary if they come forward or are found;
• Keeping a reserve fund to pay the missing beneficiary their share in the event they are found within the 12 year limitation period;
• Applying to the Court for a Benjamin Order to determine how the estate is distributed.

All of the above options should be considered and weighed up carefully, considering the value of the estate and the risk of a potential claim. You should seek specialist legal advice if you are dealing with an estate and you have a missing beneficiary. Our solicitors at Johnson Astills would be pleased to advise you throughout this process.

• Should you wish to discuss anything relating to administering an estate or dealing with a missing beneficiary, or if you have any concerns or queries, then please feel free to call our expert solicitors at Johnson Astills who would be pleased to assist you with this. You can call us at our office in Leicester or our office in Loughborough. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.