Press & Media

Law Society Probate Section Journal, May 2004

'Bona Vacantia Estates'

...[where a person has died with no known next of kin & to avoid possible future complaints from next of kin by delaying before trying to locate them]... Curran suggests an alternative course of action:

• Avoiding spending time and incurring costs unnecessarily.
• Take free advice - contact a genealogist at an early stage and take advantage of a contingency fee arrangement if offered. Agree the commission rate in advance if required.
• Try not to incur estate expenses until next of kin are located and there are formal instructions.
• Wait for the genealogist to provide details of entitled kin.
• Offer services to the located kin in the usual way, explaining your involvement to date.
• Apply for the Grant and continue to administer the estate. It may now only be seven days since you called the genealogist and you can only be praised for your prompt and efficient action.

'Next of kin can often be located in as little as 24 to 48 hours' says Curran. And he adds: 'I have never known a beneficiary not to see the sense and cost savings in instructing a firm that already has extensive knowledge of the estate, and they have always proceeded with the solicitors who already have involvement.' At the outset, a reputable firm of genealogists will give a written assessment of the likelihood of tracing next of kin free of charge. If the genealogist offers a contingency fee arrangement, again there will be no charge and no risk to the estate, because the genealogist bears all research costs, including all disbursements and agents' fees, and should still report their findings to the solicitor.

Other Interviews

• Association of Women Solicitors Magazine 2009 - 'Missing In Action'
  ...probate genealogists specialise in identifying and locating missing heirs worldwide for solicitors, executors administrators and trustees of estates...their stories [are] often fascinating....read more read more
• Law Society Probate Section Yearbook 2006 - 'Genealogists'
  ...[genealogists] charging on an hourly rate can lead to high charges, whereas the no-win no-fee contingency charging is preferable in many cases... read more
• New Law Journal, March 2005 - 'Castaways: searching for lost beneficiaries'
  You're the luckless solicitor charged with tracing an intestate's beneficiaries... someone mentions that the deceased may have had some relatives abroad. Trouble is, they don't know their names and aren't even sure which country they live in. Enter the genealogist... read more
• Solicitors Journal, October 2004 - 'Finding Seekers'
  If you need help tracing missing heirs globally, genealogists provide specialist services... read more

00:57 (UK) — Friday, 12 March 2010