Unknown Beneficiaries on an intestacy


(lhibell) #1

I am are dealing with an intestacy in which I am acting for the deceased’s siblings. The problem is that they believe that the deceased may have had one or even two daughters but these cannot be located as they are in a foreign jurisdiction. We have instructed genealogists but no luck

There is an estate that needs to be administered and my question is who can do this if the daughters cannot be located? We can obtain insurance in the event that they do come forward but initially, who can swear the Oath and how do we clear off the potential children (who we do not know if they are alive, if they existed in the first place).

Lee Hibell
Paul Robinson Solicitors LLP


(John Cartlidge) #2

Does this help?

Supreme Court Act 1981c. 54, Part V: Powers of court in relation to personal representatives, Section 116: Power of court to pass over prior claims to grant.

We did one where there was knowledge of a child but she could not be found initially, and when she was, wouldn’t respond as relationship was soured to say the least. Grant was issued to Solicitor to call in the assets whereupon on information money was waiting she did miraculously respond.

John Cartlidge
Campion Solicitors