Untraceable beneficiary held to be deceased by Court for distribution of Estate…

An executor of a Will could not track down a beneficiary who was entitled to benefit from the Will-maker’s estate.

The executor had searched extensively for the beneficiary for over a decade. He contacted the beneficiary’s extended family, and hired two private investigators to conduct national, international, online, and financial searches. After these searches were unsuccessful in locating the beneficiary, the executor sought direction from the Court.

The Court considered that the executor had made reasonable efforts to locate the beneficiary and that undertaking any more investigation would be an inefficient use of estate funds.

To remedy the issue the Court made an order authorising the executor to distribute the estate as if the beneficiary was deceased. This meant that the beneficiary’s share of the residue was split up and divided equally among the other beneficiaries.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area.  We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.