header-logo header-logo

18 February 2010 / Sandra Walsh
Issue: 7405 / Categories: Features , Wills & Probate
printer mail-detail

Missing persons

Sandra Walsh on coping with the rising tide of missing beneficiaries

Around 300,000 people die intestate in the UK each year. This is a statistic with which many legal practitioners will be familiar. The majority of these cases are satisfactorily resolved with appropriate beneficiaries receiving a fair distribution from the estate of the deceased. But there are increasing numbers of cases that result in claims from missing beneficiaries.

Now in its fourth series the popular BBC One documentary, Heir Hunters, has brought the issue of intestacy into sharp focus. Judging by the record-breaking viewing figures, this programme appears to have struck a chord with a wide and very interested public. It’s probably safe to assume that this interest is prompting more and more people to ask their solicitors about how they might protect themselves from long-lost or unknown relatives laying claim to a recent inheritance; or even to their own estate once they have died.

Benjamin Orders

The more traditional solutions to this question include seeking a Benjamin Order or obtaining indemnities from known beneficiaries

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll