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18 February 2010 / Sandra Walsh
Issue: 7405 / Categories: Features , Wills & Probate
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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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