inheritance

philburyThu 25/09/08 19:17

My aunt and uncle died three years ago. Their son has not yet claimed his ineritance. Despite numerous searches for him he cannot be found.

Does he have a time limit in which to claim his inheritance and, if so, what happens to it if he cannot be found or does notcome forward to claim it?

blackfThu 25/09/08 19:29

I am a lawyer but my knowlege of probate law is a little rusty. I do know that the executors must make every reasonable step to find him, they cannot just wait and see if he turns up so they may need to advertise in local papers or look on the internet where I suppose there may be sites helping to find people. Perhaps this has been done already and I assume searches for a death certificate have been made.

I don't think there is a time limit as such but believe there is power to apply to the court for an order allowing the estate to be distributed to the next in line if every effort has been made to find him. Although I believe this absolves the executors am not sure it absolves the new beneficiaries but stand corrected on this.

#6587Thu 25/09/08 20:46

The executors should instruct a genealogical tracing agent, assuming the money makes it worth that cost. Plenty of them about. The report they will get is evidence for the next step.

Assuming that the tracing agents don't find him the executors apply for a "Benjamin order" - http://www.probertencyclopaedia.com/cgi-bin/res.pl?keyword=Benjamin+Order&offset=0

That allows the executors to distribute the estate to those next entitled without having a problem if the missing beneficiary later turns up. If he does, he CAN trace the money into the hands of those who received it and claim it.

didsburycallingThu 25/09/08 20:48

What about the old 7 years missing assumed dead rule?

pj200Thu 25/09/08 20:54

Hi. Just went threw all this myself as the executor to my father's estate.

If you have exhausted all possibilities in finding their son ie: newspaper advertisement, death search, etc there is a six month period where any beneficiaries or persons who think they may have a claim have the right ro do so. After that period it is within the Executors hands as to who the money set aside for the son goes to.

If the son does reappear and wants to make a claim after that time period he will have to do it threw his own solicitor and issue a writ threw the courts who will decide if the claim is still valid.

After 3 years, I think it would be highly unlikely.

#6587Thu 25/09/08 21:06

there is a six month period where any beneficiaries or persons who think they may have a claim have the right ro do so.

That is the period during which anyone wishing to make a claim under the Inheritance (Provison for Family and Dependants) Act 1975 has to do so.

He either survived his parents, and is entitled to his inheritance, or died before them, in which the will or intestacy rules determine who gets the estate. If you don't know which, you need the Benjamin Order.

didsburycallingThu 25/09/08 21:10

How come you don't know where your cousin is?

pj200Thu 25/09/08 21:23

Ah, stand corrected! It was the 1975 Inheritance Act I was referring to.
Thanks for that.

bencatThu 25/09/08 21:31

quoting > "How come you don't know where your cousin is?"

I haven't got a clue where most of my cousins are ....... I wouldn't have thought that particularly strange

#6587Thu 25/09/08 21:43

quoting > "I haven't got a clue where most of my cousins are ....... I wouldn't have thought that particularly strange"

I don't think it is all that unusual.

I know where all the cousins I know about are. But who knows what skeletons may lie hidden in the family closet...!

philburySat 27/09/08 16:49

(quickfind:bencat > "I haven't got a clue where most of my cousins are

He's not a 'blood' cousin. My father's sister married a widower with a son. (So, technically, is he a step-cousin). My stepcousin grew up to resent this and just refused to maintain contact with us all. We (the family) don't know his current whereabouts as he doesn't reply to any mail or phone calls. He doesn't respond to any solicitors/searches etc.

To add to matters, my aunt and uncle had a son (my cousin) who developed brain damage (due, we think, to the whooping cough vaccine). My father is an executor of the Will and is now a trustee of my cousin's finances. I worry that my father will do something for my cousin and my step-cousin will find out about it, will disagree with it and decide to sue us.

Also, as my father is in ill health, when my father dies who will take on responsibility for my cousin? Does my step-cousin, as his half-brother, or myself (as his cousin) have more responsibility?