What Happens When a Beneficiary Can't Be Found in a Will or Trust?

In the world of estate planning, every detail can have significant implications. One such case involves a scenario where a beneficiary (often referred to as an heir) cannot be found, even when they are mentioned in a will or trust document. This was precisely the situation for one of the cousins of my husband's uncle following his passing.

Case Study: The Suspected Grandchild's Journey

After the death of their father, one of the cousins discovered that there was a 'potential' daughter named in his will. This daughter, who insisted that the cousin was her father, was disabled, unemployed, and had no interest in assuming a paternal role. However, the father of the cousin had grown to love the young girl, possibly as his only grandchild. Over time, the girl and her mother moved away, eventually losing contact. The father had named his grandchild in his will, specifying that if she were indeed his granddaughter, she would receive 25% of his estate. The challenge lay in tracing the girl. All they had was her birth name, a clue that was not straightforward. She might have changed her name upon marriage or moved abroad, further complicating matters. It took several months to trace the girl with the help of a professional investigator. The girl was initially surprised to be mentioned in the will and felt that her possible grandfather had been overly generous, yet uninterested in making a formal claim. Eventually, the father’s children decided to provide her with 25,000 pounds without requiring her to prove her paternity or lack thereof. A Deed of Variation was prepared, and all parties involved were pleased with the outcome. If the girl had not been traced, the 25% of the estate would have been placed in escrow until the girl's paternity could be legally settled. The costs of tracing the girl and preparing the Deed of Variation would have been a burden for the estate. As of now, the girl's inheritance has not yet been fully distributed due to the remaining obligations of the deceased father's classic car collection.

Employing Heir Hunters for Beneficiary Tracing

Heir hunters play a crucial role in such cases. They conduct comprehensive searches through birth, marriage, and electoral records to trace beneficiaries. Their work ensures that even those who are lost to time or relocation can still be found and honored in the probate process. This not only provides closure for families but also streamlines the estate distribution.

What to Do When a Beneficiary Can’t Be Found?

If you cannot find the person listed in a will, here are a few steps to follow: Check the News: Often, individuals who have moved away or changed their names may have appeared in news articles. A simple search can reveal their current location or details that could help in tracing them. Reach out to Next of Kin: Next of kin can provide valuable information that might help in locating the beneficiary. They often know better than anyone else about the potential whereabouts of the deceased or named beneficiaries. Consult the Executor: The executor of the will is legally responsible and required to handle the estate. They can offer valuable advice and may have information that can assist in the tracing process.

Addressing Incorrectly Spelled Wills

Sometimes, the issue might not be about locating the beneficiary but about the accuracy of the will itself. Incorrectly spelled names can lead to serious legal issues. It's important to update the will with the correct spelling of names to avoid any disputes or delays in the probate process. In conclusion, the process of tracing beneficiaries in wills and trusts is complex but can be managed effectively. Whether it involves professional heir hunters or basic investigative techniques, the goal is to ensure that every eligible individual is identified and treated according to the intentions of the deceased.

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