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. 

What our clients say about our lawyers

Very useful and professional advice, thank you.

Another Happy Customer


Read More

About Us

Leading legal advisors, problem solvers – all round good guys! We’re firm believers in a practical, no nonsense approach to law. Forget the jargon, we like to keep it simple – why complicate matters? No stress, no worry, just straightforward solutions to your legal issues. Free legal advice at your fingertips, from the experts to your inbox.

Free-Legal-Advice.co.uk is owned and operated by Farleys Solicitors LLP, a member of The Law Society and is regulated in the practice of law by the Solicitors Regulation Authority, Registration No: 484687. Any advice given on this site or in response to any question is only applicable to the law of England and Wales.

Privacy Policy | Terms