Finding the Beneficiaries to a Will

[ExecutorL]

I am hoping someone out there can help. I have grant of probate for a friend's will. I am trying to trace some of the beneficiaries and I am looking for a template for a letter for ascertaining if I have found the correct person. I have been given limited or, in some cases, no information on several of the beneficiaries. The will was written some time ago and refers to people that the deceased knew in the 1980's. Quite a challenge. The estate is not substantial hence this is a DIY rather than through solicitors. Any advice gratefully received.

[Kati]

tagging Peridot enaid des8 for help xx

[Peridot]

Hi ExecutorL,

It can be very frustrating and involve a lot of leg work tying to locate beneficiaries when Wills haven't been updated.

You are no doubt aware that as the executor of your friend's Will you have a legal obligation to find those people entitled under the Will. The cost of doing so comes out of the estate.

I'm sure you have tried this already but it may be helpful to find your friend's most recent address book which may have current addresses for individuals even if the Will hasn't been updated. Sometime people keep letters or Christmas card envelopes which could have current addresses on too.

In the absence of any clues you can only contact the addresses that you have either on the Will, through completing a phone book search and contacting the property asking for information on the persons whereabouts and that they contact you if it is them. At this stage you don't need to give any information other than you are an executor of a will, trying to locate xxx believed to be of xxx. If the person is still there then all good or a forwarding address may be provided. However if you do locate the alleged person it is really important that you check their id properly to confirm they are who they say they are, before distributing the legacy to them. Once someone confirms they are the person you are looking for, you can then explain who has passed away and that they have been left a legacy. As i mention above do not pay any legacy over without seeing certified copies of id, confirming name and if their name has changed eg through marriage a certified copy of a marriage certificate and also confirmation of their address.

It may be worth contacting a tracing agent to search for you. There is a fee for this but as I indicate above this is deductible from the estate. You can also demonstrate that as the executor, you have used your best endeavours to locate beneficiaries. In the event you are unable to locate beneficiaries and there is no evidence they have passed away (with no relatives who could benefit under the wording of the Will), it may be worth considering obtaining insurance to cover you in the event the beneficiary surfaces and the estate has been fully distributed. This will depend on the value of the legacy of course and whether it is cost effective to obtain insurance for the amount in question. Insurers will expect you as executor to have carried out the searches before considering whether they are willing to underwrite the sum.

[ExecutorL]

Thank you so much for your response. I've done quite a lot of reading up and I know about claiming from the estate and the very real possibility of taking out insurance. The will -which in my opinion the solicitors should never have allowed - as so little detail about the beneficiaries. In some cases just the first and second name, with no reference as to where this person lived. (My friend moved around so there are at least two locations - one being London.) I will ask the family to see if there is an address book but I rather fear not. Nor photos that can be referred to. I like your suggestion that I write to them simply saying I am an executor but for one or two names I will have to mention the deceased as there is nothing else to go on.
(What if I find a Mr X and he lies and then the real Mr X later turns up. Nightmare!)
But thanks anyway.

[Peridot]

You can only try your best. Keep a note of everything you attempt to locate beneficiaries, so you have a record.

I suspect you would be very unlucky to have found someone who claims they knew your relative and produce official id confirming they are who they claim to be. Different names could prove more problematic, such as John Smith, if the person can’t confirm they lived at a previous address or you have no address for them in the Will!

Do make sure anyone you think you have found provides 2 forms of id, name and address proof and that you also do bankruptcy searches on them, before handing over any legacy due to them. It is a straightforward search for a nominal value.

Tracing agents are amazing and can locate people very quickly in my experience, although there is of course a fee (from the estate). The value of the legacies may well be relevant when considering to what lengths you would be prepared to go.

Insurers may also be able to give you some pointers as to what steps they would expect you to have tried to keep the premium down.and the amount that would be required for them to consider insuring. Just a thought.

If I think of anything else I will post again.