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09 June 2011 / Daniel Curran
Issue: 7469 / Categories: Features , Wills & Probate
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Location, location, location

Daniel Curran reports on the complexities of cross border searches

Tracing beneficiaries is not only time consuming but fraught with challenges and difficulties, especially where the search for a beneficiary takes the practitioner to beyond the English and Welsh borders. While it may be tempting for a solicitor to resort to online search engines and phone books to begin this process, the likelihood is that they will quickly find themselves in a complicated and tangled web of foreign privacy laws, language barriers and previously undiscovered beneficiaries. These challenges not only result in labour intensive investigations which quickly drain resources, but require specialist expertise in order to trace entitled persons across borders, time zones and jurisdictions.

Scottish & international searches

Unlike English and Welsh intestacy law, in Scotland when a person dies intestate, the estate is distributed according to the eldest degree of kin. Consequently, where there are no surviving aunts, uncles or grandparents, the estate could pass to descendants of great-grandparents, throwing up any number of beneficiaries.

In the event therefore, that a solicitor’s

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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