It is the executor’s duty to fulfil the terms of the will. Therefore they must distribute the estate as they are meant to, but what happens if the beneficiaries are missing who should be receiving part of the estate in question? They are under a legal obligation to take all reasonable steps to ensure that they have looked for the missing beneficiary and this includes:
Find Genealogists
Genealogists or heir hunters can be instructed to look for those who are missing if they are beneficiaries of a will. In addition they have many different tools at their disposal to do this and, matched with their experience, they should be able to find the person you are looking for.
Missing Beneficiaries Insurance
If, in very rare instances, the missing beneficiary cannot be found even with the help of heir hunters. There is a type of insurance – missing beneficiary insurance – that can be obtained. This will need to come from specialist insurers. The executor will need to complete a detailed form. And this form requires them to know about the estate and also prove that they’ve done everything possible to trace the beneficiary. They may also have to provide a full family tree.
Apply To The Court
An executor will be able to apply to the court in order to obtain a Benjamin Order. This means that the court makes an order that distributes the court differently to what was written in the will. Which also assumes that the beneficiary has died.
A CPR Part 37 Payment
If the executor prefers, he or she can make a payment to the courts under the CPR Part 37 scheme. Meaning that the portion of the estate that would have gone to the missing beneficiary instead goes to the courts. Which gets put into a trust for that person should they be found. Everyone else who is interested in or entitled in the estate or money should be informed that this has happened.
