The Legal Responsibilities of Executors When a Beneficiary Is Missing

It’s not unusual for Executors to come across a missing beneficiary during the administration of an estate.

This can happen when a Will is quite old or out of date, for example, if a beneficiary has moved and no one has their new contact details.

The Executor’s duty

It remains the same.

They must make reasonable efforts to locate the beneficiary and ensure they receive their share of the estate.

These days, technology often makes it easier to track someone down. But if that’s not possible, there are professional tracing companies that can help.

Importantly, Executors cannot simply say “I don’t know where they are” and move on. They are legally responsible for making every reasonable effort to find them.

What if the beneficiary really can’t be found?

In rare cases where all avenues have been exhausted, there are still ways to protect the Executor, for example, through missing beneficiary indemnity insurance. This can be paid for by the estate (as confirmed in Evans v Westcombe 1991), and provides protection for both the Executor and the beneficiary if they later come forward.

Make sure you have a Will — but also make sure it’s kept up to date and reflects your current wishes and circumstances.

Emma Aslett

Penn Chambers Solicitors   

0207 183 4595

The information provided in this article is not intended to constitute professional advice and you should take full and comprehensive legal, accountancy or financial advice as appropriate on your individual circumstances by a fully qualified Solicitor, Accountant or Financial Advisor/Mortgage Broker before you embark on any course of action.