Unclaimed Estate

[sterion75]

Been contacted by a heir hunter to say there is an unclaimed estate we are potentially entitled to. We have almost solved it ourselves but a relative(twin) who is also an heir is signing up to their services.

How would it effect us if we didn't use their service(25% of inheritance) and they got in first? or if we didn't manage to fully solve the case? We have the tree all the way to the person but there is a "technicality" that we need to solve. I think the heir hunters already have

Any thoughts?

Thanks

Rob

[des8]

Re: Unclaimed Estate

Rather than sign up with an heir hunter charging a commission, as you know you are in line (and if you can't overcome the technicality) I would suggest contacting one or more of the firms who charge on a time based fee.
Tell them what information you have and negotiate a price.

If you know the name of the deceased you could lodge a caveat, as this will prevent the issue of a grant of representation, initially for 6 months with the option of a six month extension. This will give you time to sort out your connection to the deceased.

Do take into account the size of the estate and your potential share when negotiating fees!!!!!!!!!!!!

[sterion75]

Re: Unclaimed Estate

At this point we are unsure what the size of the estate is. I guess if the heir hunter firm got in first with the other relative this would become clear.

I think if they go ahead the first fully documented claim becomes the administrator?

Rather than sign up with an heir hunter charging a commission, as you know you are in line (and if you can't overcome the technicality) I would suggest contacting one or more of the firms who charge on a time based fee.
Tell them what information you have and negotiate a price.

If you know the name of the deceased you could lodge a caveat, as this will prevent the issue of a grant of representation, initially for 6 months with the option of a six month extension. This will give you time to sort out your connection to the deceased.

Do take into account the size of the estate and your potential share when negotiating fees!!!!!!!!!!!!

[Openlaw15]

Re: Unclaimed Estate

At this point we are unsure what the size of the estate is. I guess if the heir hunter firm got in first with the other relative this would become clear.

I think if they go ahead the first fully documented claim becomes the administrator?

If you know the estate's address and it is on registered land, look at details including size of the estate on the property's land register.

[sterion75]

Re: Unclaimed Estate

If you know the estate's address and it is on registered land, look at details including size of the estate on the property's land register.

Don't know this the only link to it is on the governments unclaimed estates list which only mentions the name of the person

[des8]

Re: Unclaimed Estate

If an heir hunter has contacted you he should divulge the value of the estate prior to you signing the contract.
If it is on a percentage basis and you don't know the value, you won't know how much you are paying for the privilege.

Nick Beetham, from Title Research, a genealogical research specialist that finds missing beneficiaries but does not charge percentage fees,says: "My advice to beneficiaries would be don't sign anything until you have the same information as the heir hunter, so you know what the deal is."

In any case I believe if you know who the deceased is, you can make a claim.
As the eventual administrator has a duty to ensure all heirs to an estate receive their share, you will get your inheritance anyway.
If the heir hunters have implied you will inherit only if you sign up , they are fibbing!

[sterion75]

Re: Unclaimed Estate

Thanks that's what I thought however at this stage I don't think they know how much the estate is worth. They seem to state this in their letter. Apparently this is found out at the successful claim stage

[des8]

Re: Unclaimed Estate

Why would one agree to a %age payment when the estate value is unknown?
I bet the Heir Hunter has a broad idea of the estate value
I would only agree to a set fee plus expenses or a time based charge, otherwise

[sterion75]

Re: Unclaimed Estate

I think if the other party has signed 25% of his part away we might wait or see if our investigations can bear fruit more quickly

- - - Updated - - -

I think if the other party has signed 25% of his part away we might wait or see if our investigations can bear fruit more quickly

Obviously being a twin my mum would be entitled to the same as the other claimant so I do not see too much proof would be needed?

[sterion75]

Re: Unclaimed Estate

Ok just to update. The deceased in question was adopted by mums great grandparents around 1907. The birth occurred in 1904 and those listed on the birth certificate don't appear to be blood relatives. The heir hunters still wish to proceed. We were told by the BV estates team legal adoption didn't occur until 1927 so no right to inheritance. So what other angle could the heir hunters have that makes them so keen to proceed?

I've thought about contacting the salvation army for details of the adoption if they have it in their archives. Still I don't know how this would help due to the above? Any thoughts?

[des8]

Re: Unclaimed Estate

BV estates team are being very simplistic.
You might find this link worth reading, and then investigating further:http://www.findersinternational.co.u...-in-intestacy/

[sterion75]

Re: Unclaimed Estate

BV estates team are being very simplistic.
You might find this link worth reading, and then investigating further:http://www.findersinternational.co.u...-in-intestacy/

That seems to refer to adoptions post 1926 where there were laws that may have applied? The adoption occured Pre-1911 according to a notation on the 1911 census?

[des8]

Re: Unclaimed Estate

The bit to be highlighted concerns ECHR.

Article 14 of the ECHR
Prohibition of discrimination

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status

Discrimination on grounds of birth or other status has been held to include discrimination between adopted and biological children, and the prohibition is retrospective.

If therefore "adoption" took place prior to any legislation control, but all parties viewed it as adoption I just wonder if a case could not be made.

That's why I suggested further investigation.

I don't suppose wardship or guardianship came into play at the time of the "adoption"

[sterion75]

Re: Unclaimed Estate

The bit to be highlighted concerns ECHR.

Article 14 of the ECHR
Prohibition of discrimination

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status

Discrimination on grounds of birth or other status has been held to include discrimination between adopted and biological children, and the prohibition is retrospective.

If therefore "adoption" took place prior to any legislation control, but all parties viewed it as adoption I just wonder if a case could not be made.

That's why I suggested further investigation.

I don't suppose wardship or guardianship came into play at the time of the "adoption"

I assume this would require a court case for BV team to take any notice? rather than an email using this as grounds?

Rob

[Openlaw15]

Re: Unclaimed Estate

I assume this would require a court case for BV team to take any notice? rather than an email using this as grounds?

Rob

http://www.bailii.org/ew/cases/EWHC/Ch/2012/732.html