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

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..