Missing Beneficiaries in Estates – Tracing Missing Individuals
Value for money is not always offered by existing London based genealogists. Heirline will give an initial working budget and a free upfront assessment at the time of issuing Terms and Conditions. The initial upfront budget will not be exceeded except on notice given. The basis of charge is on a time basis – £75 per hour and no VAT. It is understood that this will result in a nominal fee being charged out of the executry even if no success attends the search.
In ultimate heir cases with no Will, where an estate may go to the Crown unless family members are traced, it is inappropriate to charge on a hourly rate as part of the job is to trace a family member or members who may apply to the court to be appointed as executor. In that case a contingency fee would be agreed instead; typically not exceeding 5% of the intestate estate.
Heirline would not enter in to agreements with beneficiaries for them to pay us out of their entitlement to the estate.
A genealogist won’t tell a law agent the law. But there have been significant changes recently relating to the abolition of the status of Illegitimacy in the 1968 Law Reform (Miscellaneous Provisions)(Scotland), and the 2006 Act gives a cohabitant, a right to apply to the court for an order. The cohabitant’s claim relies on tracing all intestate beneficiaries so a search for blood relatives is needed. The 2016 Succession (Scotland) Act alters the position for wills and divorce. It also gives protection to executors who have made reasonable enquiry, such as engage a genealogist.