Areas of Law / Wills and Probate

An elderly relative has left her entire estate to a sole beneficiary who has not been traced. What will happen to the estate? Is there any specified timescale before the intestacy rules apply, or can her executors hold the money in trust indefinitely?

If the executors have made all reasonable enquiries to trace the beneficiary they should consider making an application to the court for an order giving them leave to distribute the estate. This would normally be on the basis that the missing beneficiary had died before your relative. Alternatively they could distribute to the people who would be entitled to the estate if the missing beneficiary had died before your relative, taking out insurance or seeking indemnity from the beneficiaries as appropriate. You can start pressing the executors to wind up the estate after 12 months have elapsed. 

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