Deep Research for Missing Beneficiary - A Case Study by FindersUK on BBC Heir Hunters Program

We often say that Finders has an international reach, but why is that so important?

Families can often scatter far and wide, or it may be that branches of the family end up on the other side of the world which is why we need to be able to call on resources and tracing agents across far-flung places. Different countries have different systems and offices for recording information such as births and deaths, so knowing how these work is also very important to probate genealogists such as ourselves.

This week's BBC Heir Hunters programme which included one of our cases focused on the story of Derek Lynsdale. It truly did demonstrate how far and wide families can disperse and how important it is that we as an organisation are able to explore all avenues in our search for the rightful beneficiaries to an estate.

Although he died in the UK, My Lynsdale had been born in Burma. At the time of his death, he was living with his mother, he had no siblings and he had never married nor had any children so there were no heirs to be found through Mr Lynsdale's direct line.

To find the rightful beneficiaries, Finders case manager Ryan Gregory had to look at the options for tracing further members of the family who might also have been born in Burma.

Derek's family history, which Ryan was able to trace through records of Burmese life at the British Library, was incredibly fascinating. His paternal grandfather had been a British Army doctor working in the country in one of the prisons. As well as Derek's father, there were other siblings too and they had gone on to have children – Derek's cousins.

As you probably know, Burma was invaded by the Japanese in December of 1941 during World War II and many of the British families living there were forced to flee. This had been the case with both Derek and Susan's families as Ryan was able to discover from passenger lists of boats. Their journeys back to the UK had taken them to different destinations, however, and they had not seen each other for many years.

Susan was able to remember her early years in Burma with happiness, but that had come to an abrupt end when the Japanese invaded the country.

Finders founder and managing director Daniel Curran said in the programme, that one of the most rewarding aspects of the work that we do is that we often bring families very good news – either that they have inherited life-changing sums of money, or that we are able to put them in touch with family members they might not have known about, or have lost touch with.

This was the case with Derek's cousin Susan. She remembered Derek from their younger years in Burma, and she hadn't known of the other family members.

Probate genealogists, or heir hunters, such as Finders are often asked to look into estates by local authorities or local solicitors. We also keep an eye on the Bona Vacantia List, a document kept by HM Treasury which lists all of the estates where people have either died without leaving a will (called dying “intestate”) or the beneficiaries aren't known.

We look at all angles of a case to find those heirs – studying both sides of a person's family, searching out birth, marriage and death certificates and contacting prospective heirs wherever they may be.

If you would like to employ the services of Finders, be assured that we are one of the world's leading firms of international probate genealogists. Our success is due to our commitment to a no-nonsense, fast and friendly service, and professionalism. Read more about the full range of ourservices here.

Involvement of Executors and Administrators – from Heir Hunters (FindersUK)

When an heir hunting business traces the beneficiaries to an intestacy where no next of kin have been traced, they may ask one of the heirs to act as Administrator, which is the name for an Executor when there is no will, they can also both be called a Personal Delegate.

An Executor is a person (or persons) named in a valid will, who could be heirs or may not be beneficiaries at all.  The Executor(s) will lawfully own all the assets from the time the Testator dies. The Executor(s) will not be clever to take any of the assets into their own ownership nor dispose of them until the will has been "proven" and their position as Executor(s) is confirmed by a Grant of Probate (also known as a Grant of Representation). An heir who becomes an Administrator has the identical responsibilities.

As is the case when tracing absent heirs, there is the same pecking order of those who can become an Administrator:

·         The spouse or civil partner of the Deceased

·         A child of the Deceased

·         A grandchild of the Deceased (or further descendant thereof)

·         A parent of the Deceased

·         A brother or sister of the Deceased

·         A nephew or niece of the Deceased (or further descendant thereof)

·         Another relative of the Deceased

The duties of an Executor or an Administrator are alike and include duties to:

·         Safeguard and collect assets

·         Pay the debts of the Deceased

·         Distribute the remainder of the Estate to the beneficiaries.

However if you are an heir and become the Administrator you will perhaps need Letters of Administration (also known as a Grant of Representation) to give you the authority to deal with the Estate. Unlike an Executor, a personal spokesperson who intends to apply for a Grant of Administration only owns the Estate once the Grant has been issued and has no authority to act until then.

So none of the beneficiaries on intestacy, whether or not they are a potential Administrator should, for example, advertise a property for sale or dispose of any assets before the Grant has been issued.

In order to execute these duties there will be many tasks to be done before and after obtaining a Grant of Probate and an Executor or Administrator is liable for administering the Estate for the rest of their life. In theory it is possible for a bit to come to light many years after the Administrator thought their duties were finished which they will then be grateful to deal with.

This may sound onerous, but if none of the heirs want to act as Administrator then there may be a trouble as without one the Estate cannot be distributed to the beneficiaries. So if you are traced by a skilled probate genealogy company (heir hunters UK) who think you to be a valid beneficiary, and are asked to be the Administrator don’t be put off. The heir hunters may also give you the option to instruct one of their panels of independent solicitors to act on your behalf and distribute the Estate to all the equitable heirs. This will ensure that you never have to pay for any legal fees in person. A trustworthy heir hunting company will also carry Professional Indemnity Insurance, which protects Trustees and Administrators further.

This is just another example of why if you are traced by an heir hunting company; it is sensible to take advantage of more of the extra services they provide. Professional Probate Genealogists, like Finders, don’t just trace missing beneficiaries but work on their behalf until the Estate is scattered to all the rightful heirs, and beyond that should a missing beneficiary appear in the future.  In the case of Finders heir hunters, this includes tracing missing heirs, missing wills, missing assets, completing estate distribution schedules, obtaining missing beneficiary or missing will insurance and performing worldwide bankruptcy searches, all to ensure that heirs receive their inheritance safely and securely.

Finders heir hunters have been awarded the ISO 9001:2008 Total Quality Management certification and are the first probate genealogy firm to accomplish the international version of this Standard as devised by the IAB (International Accreditation Board). Finders have also been awarded ISO/IEC 27001:2005 Data & Information Security Certification. Finders heir hunters also provide Aviva missing beneficiary insurance, which protects Trustees and Administrators against the improbable but possible event of an unknown beneficiary emerging after an Estate has been distributed. Finders heir hunters can also obtain Aviva insurance against a will being found which disinherits heirs who have received already been paid, thus safeguarding heir from ever having to repay their inheritance once received.

As agents for Aviva Finders heir hunters are regulated by the Financial Conduct Authority.

For further information and advice contact Finders, 6-8 Vestry Street, London N1 7RE 020 7490 4935 www.findersuk.com

Finders UK Announce Worldwide Bankruptcy Search Service

In the case of intestacy there are many hurdles between starting the search for beneficiaries and final distribution of the estate to the entitled heirs.

One of these is to conduct a Bankruptcy Search on those who are entitled to inherit and now Finders have introduced a Worldwide Bankruptcy Search service.

Professional probate genealogists, like Finders, commonly know as ‘heir hunters’, will have the facilities and experienced staff to deal with any issues that may arise, and offer a range of services like Worldwide Bankruptcy Search which gives assurance to anyone appointing them to trace missing beneficiaries. Finders heir hunters have a network of agents throughout the world and will feature in the new series of the BBC TV daytime show Heir Hunters which starts in 2014. On the show Finders are followed as they unravel intestacies, tracing missing or unknown beneficiaries and reuniting them with their rightful inheritance.

The process starts with the deceased and the search for a will. It is a cause of constant surprise to the heir hunters that so many people do not have a will or that they have a will that is not up to date or, frustratingly for the potential beneficiaries, a will that cannot be found. Even if there is a will there may be named heirs who are unknown to the executors who will engage a probate genealogy company to trace those missing beneficiaries. When there isn’t a will the probate genealogists go into heir hunting mode and invest their own time and expense to find those entitled heirs.

Although tracing the beneficiaries is not necessarily easy, especially when there is an international dimension it is only the start of the process. Their identities have to be checked and proved, an administrator has to be appointed as do solicitors to handle the legal aspects of the application but it doesn’t end there.

Prior to making distribution of estate funds to beneficiaries, it is a requirement to run a bankruptcy search against each individual heir in line to inherit. This again becomes more complex when heirs live abroad or have lived abroad. Finders can conduct these searches in a number of countries and can also undertake bankruptcy searches for UK based beneficiaries.

Assuming everything is in order and the estate is distributed to those rightfully entitled heirs there is one more thing to consider. What if a previously unknown beneficiary emerges who has a claim on the estate? It is the duty of search companies to go to every length to ensure that all those entitled have been traced, but on very rare occasions there may be someone who was completely unknown but who has a claim. This is why Finders carry missing beneficiary insurance another service that benefits heirs as well as both trustees and administrators.

The Worldwide Bankruptcy Search service is another of the many and increasing services Finders offer to both trustees and administrators, services that include, Missing Will Insurance, Dormant and Orphan Funds, Property Transactions-Missing Funds, Missing Will Service, Missing Document Service, Probate Property Sales and Services, Transferable Nil Rate Band Service, Missing Asset Service and many others.

Finders have been awarded the ISO 9001:2008 Total Quality Management certification and are the first probate genealogy firm to achieve the international version of this Standard as devised by the IAB (International Accreditation Board). Finders also provide missing beneficiary insurance, which protects trustees and administrators against the event of an unknown beneficiary emerging after an estate, has been distributed. As agents for Aviva they are regulated by the Financial Conduct Authority.

For further information and advice contact Finders, 6-8 Vestry Street, London N1 7RE 020 7490 4935 www.findersuk.com

Our Article Continues - Family Tree Magazine December 2013

Continuing Further questions..

Caroline: How long does it take to trace heirs and what happens if they don’t want to be featured on telly?

John: ‘Depending on the complexity of the case, tracing heirs can be done in a matter of hours thanks to the internet.

‘No one is featured, or even named, in the programme without their consent, and we respect the fact that not everyone wants to be on camera. This means some cases hit the cutting room floor because no heirs wish to be involved, but people are generally open to the idea of taking part in the programme and many are already fans of the series.

‘Any contact from heir hunters is likely to have come as a surprise and I think people usually experience a range of emotions. Most are quite excited to be told they might be in line to inherit some money. But this excitement is always tempered by the news that a relative has died – even if it is a relative they didn’t know they had.

‘In extreme cases where close relatives have become estranged, heir hunters can actually find themselves having to break the news that someone’s sibling, parent or even child has passed away. It’s an extremely difficult part of their job.

‘For many heirs, the news that they’ve been left a legacy by a long-lost relative is the start of a journey that will lead them to discover more about their own family history or the person that has died. We often follow heirs as they go on this journey and it has led to some of the most moving and memorable moments in the series.’

Caroline: Have there been best and worst case study outcomes?

John: ‘Yes, more best than worst. A common and very positive outcome is for families to either reunite or meet each other as a result of being contacted by the heir hunters. A story in the latest series sees two brothers who were both brought up in care meet for the very first time, which is extremely moving.

‘A very sad story, which emphasised the importance of making a valid will, was that of a Hampshire man in 2009. Before he died he had asked his accountant to draw up a will leaving his entire £300,000 estate to his brother-in-law and family to whom he was very close. Sadly it seems the will wasn’t drawn up correctly and was deemed invalid.

‘As his brother-in-law was not a blood relative, neither he nor his family could inherit. The heir hunters were able to find family members who were entitled to the estate, but the people named in the will were left with nothing.’

Daniel Curran, managing director of Finders, explains: ‘Every case is different, although patterns in research develop over the years. To start any case we need to gather all relevant information from wherever we can. This could be making enquiries of the neighbours – Finders has representatives all over the UK that can do this in person if the whole street is ex-directory – or simply ensuring we have properly consulted with our client or the person referring the case to us.

‘Attention to detail at the early stages is paramount as this can save you a great deal of time and effort. In one case we were told that the deceased had a slight Eastern European accent, despite having a generic English name, and this led us to enquiries in Poland. Family tree work is standard is many cases, but we have to remain aware of intestacy rules so as to be sure we have identified the correct heirs.

‘The best solutions are often to find an expert in the relevant county who can assist. We visit the British Library and other main resources in London, which is why you will find that the leading heir hunters are based in the capital.’

The internet is a major resource but Daniel warns: ‘You have to be aware of variations and errors in spelling. There is only so much the internet can help us with and we still go back to original records time and time again to check our facts.

‘Solicitors, if mentioned, may be a point of contact, but if a document mentioning a firm that could provide clues is over seven years old then there is a fair chance the solicitors will have destroyed their records.

‘Once we have identified who we are looking for – remember we often start from nothing more than a name and date of death – we then switch to one or more of the numerous databases and software programs we have bought or subscribe to’. There are cheap and free alternatives, but they may not provide the complete coverage up to the present date, for instance.

If you are a potential beneficiary of an intestate, then the first you’ll probably know about it is when a probate researcher gets in touch, either by phone or in person; beware of anyone that contacts you via unsolicited email. Bona Vacantia itself never sends out unsolicited emails.

To satisfy yourself you are not being ‘scammed’, check out the researcher’s credentials and ensure they have a Missing Beneficiary Indemnity insurance policy. Useful guidelines can be found on The Society of Genealogists’ website at tinyurl.com/pdvmn3f.
 

Steer clear of anyone asking you to pay a fee up front for bona vacantia claims. Genuine firms collect their agreed percentage fee once probate has legally been settled.

Our Story of Heir Hunters Published..

Our Story of Heir Hunters Published at Family Tree Magazine December 2013

Every year, thousands of people die intestate, meaning they haven’t made a will or one cannot be found. In cases where no beneficiaries can be traced within 12 years, the estate passes to the Crown (HM Treasury). In certain cases, claims may be submitted up to 30 years after a death at the discretion of the Treasury Solicitor.

Bona vacantia (Latin for ‘vacant goods’) is the name given to ownerless property (homes, money, possessions and so forth) and every day names are added to the Bona Vacantia list, which is where the Crown’s Treasury Solicitor advertises for kin of deceased intestates in England and Wales to come forward and claim what could be rightfully theirs.

The current list dates from 1997, so this is where you can look to see if you can spot anyone that may be a long-lost relative. And possibly be in line for a claim on their estate.

However, it’s not quite as easy as that. The list – which deals with around 2,000 solvent cases per year – simply provides a forename, surname, place of death and marital status. Sometimes spouse’s names are given (if known), as are alias names and place of birth. It’s up to potential claimants on the estate to prove their relationship with the deceased. Oh, and before you get excited, there’s no clue as to how much the estate is worth, although none less than £500 are advertised.

The key message is, though, if you are in line for a surprise windfall, you could be contacted by an heir hunter.

Behind the camera

Bona vacantia has been in existence since William the Conqueror’s time, but it wasn’t until June 2007 that the general public really became aware of it thanks to the popular BBC TV programme, ‘Heir Hunters’.

Starting its eighth series on BBC1 in early 2014, the programmes follow the exciting warts-and-all progress of probate researchers attempting to find rightful heirs to intestates, before the unclaimed estates are collected by the Treasury.

But how was the idea of ‘Heir Hunters’ conceived? John Widdup, executive producer at Flame TV, the production company behind the programmes, reveals all…

‘We thought the world of probate genealogy made an intriguing proposition for a television series. There was the detective work of tracing missing relatives, the drama of racing against time to visit heirs and the joy of telling people about an unexpected inheritance.

‘It was also clear that the work of the “heir hunters” would provide a unique platform from which to explore a diverse range of social history and tell some fascinating and very moving family stories. After positive discussions with some major probate research firms the series was pitched to the BBC in 2005, and the rest is history.

‘The phrase “heir hunters” is now widely used to describe those in the industry – although many still prefer the term probate researcher or forensic genealogist.’

Caroline: Where do you start when making the programmes?

John: ‘We work with several major probate research firms and once we go into production we begin discussing potential stories for the series. Some may be cases they are currently investigating, while others will be cases from the archives that have already been solved.

‘A series of 20 episodes takes around six months to produce and is generally broadcast within a few months of completion.

‘We have a core production team of around 20 people, including a series producer and production manager, researchers, editors and edit producers who write the narration. Our producer/directors are also skilled camera operators and they shoot the programme themselves using small, high-definition cameras. By keeping the kit and crew to a minimum we’re able to be as unobtrusive as possible, which is especially important when shooting in a busy working environment.’

Caroline: Who looks for heirs and why?

John: ‘Probate research companies specialise in tracing missing beneficiaries to estates of people who have died intestate and who had no known relatives. Many of these cases are advertised by the Bona Vacantia division of the Treasury Solicitor’s office and heir hunting firms will try to trace living relatives who are entitled to a share of the estate and help them claim their inheritance.

‘Most firms work on commission and agree a fee with each heir they find, which is usually a percentage of the inheritance. But because estate values range from a few hundred pounds to hundreds of thousands of pounds, and because the heir hunters often don’t know the true value of an estate, their work can be a huge gamble. They might put hours of costly research into tracing scores of family members only to learn that the case is worth very little and their percentage fee won’t cover the cost of their work. ‘There is also a huge amount of work that goes on once heirs have been found, and it is often months – or even years – before an estate can be fully distributed.

‘Other sources of work for the heir hunters can include solicitors who may find that they are in contact with some but not all of the relatives to an estate, or neighbours of a property that is falling into disrepair because the owner has passed away and there is no one to inherit it.’

Caroline: How do you source and choose subjects for the programme?

John: ‘Broadly speaking we feature two types of cases: ones in which we follow the heir hunters “live” as they trace family members, and then others which are interesting cases from the archives that have already been solved.

‘For us to include any case in the programme we look for an heir who is happy to be featured and we also strive to find people who knew the deceased and can share some positive memories of them.

‘We then spend time researching the family and/or social history angle for each story, which could be anything from the interesting occupation of an ancestor to a key event that shaped a family’s story, such as WWII evacuation for example.’

More Insight Questions.. continues..

A Memorial Day – Remembrance of Family Finding

I imagine and remember about my great-grandfather Albert Edward Crust who died 1917 in Belgium every year.

His momentous is one of those amongst the touchy lines of white crosses seen across fields in Europe.

Albert’s wife was pregnant with my grandfather, George Crust, at the time of his death. George never met his Dad.

George Crust went on to contribute as a Sgt Major in WWII. George’s hold war story is noteworthy.

He acknowledged a letter whilst on duty abroad telling that his brother had died in an action. He didn’t judge his brother would be as slipshod as to be killed and went looking for him. After numerous days of travelling and searching; he found his brother injured, but alive in hospital, fortunately!  

By Daniel Curran, MD of Finders