At DLS Solicitors, we understand that managing a deceased’s estate can be emotionally taxing and complex. One of the challenges executors and administrators often face is the inability to locate a beneficiary who is entitled to part of the estate.
This guide aims to provide a comprehensive overview of the steps that should be taken in such situations.
Step 1: Undertake Thorough Searches
The initial step is to conduct exhaustive searches to locate the missing beneficiary. This includes but is not limited to:
- Reviewing the deceased’s personal papers and electronic devices for any clues.
- Contacting known relatives, friends, and acquaintances of the beneficiary.
- Utilising social media and other online platforms to search for the beneficiary.
- Placing adverts in newspapers local to the last known address of the beneficiary.
- Engaging the services of a professional tracing agent who specializes in locating missing individuals.
Step 2: Obtain Legal Advice
Should the above steps prove fruitless, it is prudent to seek legal advice. A solicitor can guide you through the next stages, which may include dealing with the implications on the estate and considering the legal requirements for distributing the estate when a beneficiary cannot be found.
Step 3: Distribute the Estate
If the beneficiary remains untraceable despite your best efforts, you may proceed to distribute the estate. However, you must ensure that you have taken reasonable steps to locate them to protect yourself against future claims. Legal advice is indispensable in such circumstances to navigate the potential risks.
Dealing with the Missing Beneficiary's Share
Dealing with the share of a missing beneficiary can vary depending on the circumstances and the instructions left in the will (if any). Options include:
- Insurance: Taking out an indemnity insurance policy to protect against the risk of the beneficiary coming forward after the estate has been distributed.
- Section 27 Trustee Act 1925 Notice: Before distributing the estate, placing a notice gives claimants a set period to come forward before the assets are distributed. This can offer some protection against future claims.
- Payment Into Court: Depositing the missing beneficiary’s share into court. This can be a complex process, and legal advice is recommended.
Conclusion
While the disappearance of a beneficiary presents a unique challenge in the administration of an estate, it is usually possible to resolve the situation through diligent searches, legal advice, and careful handling. At DLS Solicitors, we are committed to providing guidance and support throughout this process, ensuring that you can fulfil your duties as an executor or administrator while mitigating potential risks.
Need Further Assistance?
If you are facing difficulties in locating a beneficiary or have concerns about the process, please do not hesitate to contact us. Our team of experienced solicitors is here to provide you with professional advice and support tailored to your situation.
