Missing beneficiaries – and inheritance

The Telegraph reported recently on the tragic story of a dying New South Wales man who has discovered that he has a daughter he didn't know about and is trying to find her. He hopes to apologise for not being there for her, and to leave her a bequest in his Will.

We wish him well in his search.

From a legal point of view, the case highlights the problems that can be caused when a beneficiary under a Will cannot be found. It is especially problematic for the Executors of the estate, as they are legally responsible for making sure that bequests are paid out to the people who are entitled to them.

They face a fine balancing act between making sure that proper enquiries are carried out to find the missing beneficiary, and wasting the assets of the estate on what might be a fruitless search.

They also face a decision on what to do if they cannot find the beneficiary. Should they hang on to some of the assets, just in case he ever surfaces? Or does insurance offer a solution?

This is also a problem in those cases where someone has been left out of a Will, even though they are legally entitled to inherit something from the testator. If the Executor does not know about this 'hidden' beneficiary he may wind up the estate without making provision for him – setting the groundwork for an inheritance dispute if the beneficiary then makes a claim for his or her share of the already distributed estate.

This is why it is very important, when drafting up your Will, to not only think about who you would like to inherit from your estate, but who might be entitled to inherit from your estate.

Contact us

If you are thinking of contesting, making or updating a Will then it is important to seek expert legal advice as quickly as possible. Contact Szabo & Associates Solicitors today and speak with one of our specialist solicitors. Call us on (02) 9281-5088 or fill in the contact form to the right of this page.