After a death, the next of kin usually deals with their estate. Once this has been done and any inheritance tax paid, the assets are distributed between beneficiaries accordingly. But what happens when a beneficiary cannot be found? This blog covers all you need to know about missing heirs.
Why Might a Beneficiary go Missing?
Possible reasons for a missing beneficiary can include the following:
Estrangement – Families can be complex; sometimes, members fall out or become estranged. This won’t always be permanent; therefore, wills may not be updated. They may be tricky to trace if no one has heard from the person in a while.
Out-of-date will or invalid will – If a will has not been correctly signed or witnessed, or if it is proven that the deceased was not of sound mind when they signed, the will is likely invalid. This may also be the case if the will was amended unofficially. This could then change who is entitled to benefit from the will, meaning beneficiaries who are not easily contactable.
Intestacy – Intestacy is when a person dies without a will. This means the estate is distributed due to intestacy laws, which could include beneficiaries who are not easy to locate. It is thought that almost half of the adults in the UK do not have a will, so this could mean a lot of people benefiting unexpectedly from a family they may not be in contact with.
Tracing a missing beneficiary
When a beneficiary is missing, there are steps to take in order to try to find them:
Ask around – Contact friends and family and ask if they know the person’s whereabouts.
Social media – In this digital age, many people are traceable through the wonders of social media. Look online and see if you can find them that way; however, this may not be so easy if they are one John Smith out of three hundred.
Electoral register
Birth and marriage records
Professional genealogist service (family tree reconstruction, will search etc.)
What if the Beneficiary Cannot be found?
If you can still not locate the missing beneficiary after all the above steps, there are several options. These are:
Held inheritance – The beneficiary’s share can be held for a while in case they appear. This is only a short-term option.
Inheritance distributed – The beneficiary’s portion can be distributed between the remaining beneficiaries. This would call for an indemnity policy to ensure the amount can be returned should the missing heir appear.
Intestacy laws – Rules of intestacy may override the deceased’s wishes, and the inheritance could be distributed as per those rules.
Contact Canterbury Wills for professional will writing assistance on 01227 616126.