Administering an estate involves more than identifying its assets and paying its debts. Executors and administrators must also establish who is entitled to inherit and ensure that each person receives the correct share. That can become difficult when a beneficiary named in a will has lost touch with the family, or when the family tree is unclear because the deceased died without a will.
A person may have moved abroad decades ago. A gift to “my grandchildren” may require the executor to establish precisely who falls within that description. On an intestacy, the search may extend to branches of the family that nobody knew existed. These situations can delay probate and create a personal risk for the people administering the estate if they distribute it incorrectly.
This article explains the difference between an unknown heir and a beneficiary who is known but cannot be found, and the steps that may help personal representatives deal with each situation.
Why does identifying beneficiaries matter?
The people responsible for administering an estate are called personal representatives. They are executors where there is a will and administrators where there is no executor able to act or no valid will. Their responsibilities include establishing who is entitled to the estate before distributing it.
If an estate is paid to the wrong people and an entitled beneficiary later comes forward, a personal representative may be personally liable for the missing share. Having acted in good faith will not necessarily resolve the problem. It is therefore important to distinguish between two situations:
- An unknown beneficiary: the personal representative has no notice of the person or their claim when the estate is distributed.
- A known but missing beneficiary: the personal representative knows the person is entitled to inherit but cannot locate them.
That difference affects which safeguards may be available. An advertisement intended to bring unknown claims to light will not make a known beneficiary’s entitlement disappear.
What should executors check first?
Before deciding how to distribute the estate, personal representatives should make proportionate enquiries to establish who is entitled and, where necessary, where they can be found. The starting point may include the deceased’s papers and correspondence, contact details held by family members, and birth, marriage and death records. On an intestacy, it may be necessary to build and verify a family tree rather than assume that the relatives in regular contact with the deceased are the only people entitled to inherit.
Where the search is complex, a professional probate genealogist may be able to trace family members and obtain documents establishing how they are related to the deceased. Some researchers charge a fixed fee; others may seek a percentage of a beneficiary’s inheritance. Both personal representatives and anyone approached about a possible inheritance should understand the terms before agreeing to them.
It is just as important to keep a clear record of the enquiries made, the documents checked and the responses received. That evidence may be needed later if an insurer or court has to consider whether reasonable steps were taken before the estate was distributed.
Will a statutory notice protect the executor?
Section 27 of the Trustee Act 1925 allows personal representatives to advertise their intention to distribute an estate. A notice is usually placed in The Gazette, with an additional local newspaper notice where the estate includes land, and must allow at least two months for claims to be submitted.
Provided the statutory requirements are met, this can protect the personal representative from personal liability to a creditor or beneficiary whose claim they had no notice of when they distributed the estate. It does not remove the need to make appropriate enquiries. Nor does it protect an executor against a claim from a beneficiary they already know exists but have been unable to find.
The protection is also for the personal representative, not necessarily for those who received a share of the estate. A person whose entitlement was overlooked may still seek to recover property from beneficiaries who were paid. This is why section 27 notices are a useful safeguard, but not a complete answer to a missing beneficiary problem.
Claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 require separate consideration. They are normally subject to a six-month time limit from the grant of representation, although the court can allow a late claim.
What if a beneficiary is known but cannot be found?
Once reasonable tracing efforts have been made, the next step depends on the value of the missing person’s share, the evidence available and the circumstances of the estate. Possible approaches include:
Missing beneficiary insurance. A policy may cover the risk of an untraced beneficiary coming forward after distribution. Insurers will usually expect evidence of the searches carried out and may impose conditions on cover. The cost and extent of the cover should be considered against the potential claim.
A Benjamin order. This is a court order permitting personal representatives to distribute the estate on an assumed set of facts, such as that a missing beneficiary died before the person whose estate is being administered. The court will expect evidence of attempts to trace the person and may require further enquiries. An order can protect the personal representatives, but it does not necessarily prevent the missing person from pursuing those who received the money if they later reappear.
Retaining the share or paying money into court. Holding back the missing person’s entitlement may give more time for enquiries, but it can delay completion of the estate. In some circumstances, paying the money into court may be possible. Whether either route is practical depends on the amount involved and the court’s requirements.
A declaration of presumed death. Where there is evidence that the person has died, or they have not been known to be alive for at least seven years, an application to the High Court may be possible under the Presumption of Death Act 2013. Being out of contact is not enough on its own: the date on which a person is presumed to have died can also affect who is entitled to inherit.
Personal representatives may also consider an indemnity from the beneficiaries who will receive the estate. This needs care. An indemnity does not prevent a missing beneficiary from making a claim, and its value depends on whether the person who gave it can repay the money if called upon to do so. These measures are not interchangeable, and more than one may be needed.
What if no entitled relatives can be found?
If someone dies without a valid will and no one entitled under the intestacy rules can be found, the estate may pass to the Crown as bona vacantia. The Government Legal Department’s Bona Vacantia Division publishes an unclaimed estates list. Relatives who believe they are entitled can make a claim, but they will need evidence showing how they are related to the deceased.
An unmarried partner does not automatically inherit under the current intestacy rules, however long the couple lived together, although an eligible partner may be able to bring a separate claim for financial provision. The government consulted on possible changes to cohabitants’ inheritance rights in 2026. As at September 2026, those proposals have not changed the law. Making a will remains important for anyone who wants to provide for an unmarried partner.
Why keeping records matters
Even careful personal representatives may face questions if somebody emerges after distribution. Section 61 of the Trustee Act 1925 gives the court a discretion to relieve a personal representative from personal liability in certain circumstances if they acted honestly and reasonably and ought fairly to be excused. It is not an automatic defence, and by the time it is considered, a dispute has already arisen.
A dated record of the searches undertaken, advice obtained and reasons for a decision will be more useful than trying to reconstruct those steps months or years later. The safest course is to resolve uncertainty about entitlement, and consider the available protections, before money leaves the estate.
If you are acting as an executor or administrator and are unsure whether everyone entitled to inherit has been identified or located, RIAA Barker Gillette’s Private Client team can advise on the enquiries needed and the options for administering the estate safely.
About the Author
James McMullan is a Partner and also heads up our Private Client team. James started his career as a family lawyer, but over the years, his practice has grown to encompass all aspects of private client law, including estate planning, Inheritance Tax, lasting powers of attorney, lifetime gifts, living wills, mental capacity issues, probate and contentious probate, trusts and, of course, wills.
James prides himself on spending sufficient time with clients at the outset of a matter to fully understand their position, needs, and objectives. He is committed to resolving disputes effectively, frequently using alternative dispute resolution (ADR). Given its costs and uncertainty, court litigation is a last resort.