Death in Scotland - cannot trace executor or beneficiary

Trusts Discussion
1

I am hoping that someone with experience of estate administration in Scotland can help please.

A guardian for financial affairs was appointed for a person in Scotland who lacked capacity. The person who lacked capacity has now died. There was a will made some years previously but the sole executor and beneficiary appointed by the will cannot be traced and may well have died. There was no family of the individual. The guardian is left wondering what to do with an asset held in his name, and what will happen to the other asset, held in the name of the person who lacked capacity.

Apparently the Queens and Lord Treasurer’s Remembrancer will accept the funds of a person who dies intestate without family but will not do so if the deceased left a will. What happens in that case?

Paul Davies
Clarke Willmott

2

Has the guardian instructed a tracing agent to look for potential beneficiaries to the Will?

Gemma Van Duke
Bishopsgate Law

3

A tracing agent was instructed but was unsuccessful. The name is a common one, the person was not related to the deceased, there is apparently no record of the person at the address given in the will.

Paul Davies
Clarke Willmott

4

If the QLTR is advised of the efforts made to trace the executors and beneficiaries under the will, then it will be shown that the funds are bona vacantia, and will be accepted accordingly.

Dale Ross
Blackadders LLP