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What should you do if you do not recognise a name in your parent’s Will?

It can come as a shock to read through a parent’s Will and find a name you do not recognise.

The person may be someone your parent lost contact with, an old friend, a distant relative, or someone they felt a responsibility toward but never mentioned.

If you are acting as Executor, you must follow the correct steps to locate the unknown beneficiary.

Start by identifying who the beneficiary is

The first step is to determine who the beneficiary might be. A name being unfamiliar to you does not mean it will be unfamiliar to everyone else.

Speak with other family members, close friends or anyone who knew your parent well. They may be aware of a connection you were never told about or have some insight to point you in the right direction.

Looking through paperwork that belonged to your parents can also help. In some cases, the gift may relate to a past debt, a promise made years ago or a personal relationship your parent chose to keep private.

Letters, emails, old agreements or personal notes may provide clues to help identify the individual.

What if the beneficiary is missing?

If you are unable to identify or locate the person, there are further steps you can take.

Many executors choose to place notices in publications such as the Law Gazette and local newspapers.

This is not compulsory, but it may provide protection if someone later comes forward claiming to be the missing beneficiary.

You may also consider using a professional tracing agent. These specialists have access to records and databases that are not publicly available and can often locate individuals who have moved, changed their names or live overseas.

Some executors attempt to trace beneficiaries through social media. This may be helpful, but care is needed to avoid contacting the wrong individual or disclosing sensitive information prematurely.

What to do when all reasonable searches have been exhausted

After exhausting all of the efforts above, if the beneficiary is still missing, you have several options:

Retain their share – You could set aside the missing beneficiary’s share for a period of time. A claim to inheritance can usually be made for up to 12 years from the death, so retaining the funds ensures their entitlement can be paid if they later come forward.
Distribute it to known beneficiaries – Distribute the estate to the other beneficiaries with indemnities in place. This means the beneficiaries agree to repay the missing person’s share if a valid claim is made in the future. However, this requires cooperation and clear understanding from everyone involved.
Apply for a Benjamin Order – As a last resort, you can seek a Benjamin Order from the Court. This permits the Executor to distribute the estate on the basis that the missing beneficiary has died. The Court will consider factors such as age, last known contact and the steps taken to trace them. If the beneficiary later appears, the Court’s order protects the Executor from personal liability.

To explore these options in more detail, please get in touch with our experienced legal team.

Proceed with caution and seek legal advice

Distributing an estate without dealing properly with a missing or unknown beneficiary can expose you to legal and financial risk.

Executors are personally responsible for ensuring the estate is administered correctly.

A solicitor can guide you through the options, help with tracing enquiries, prepare advertisements and deal with any court applications if required.

If you need advice or reassurance, contact our Wills and Probate team.

Amy Hillson

Wills and Probate Executive

I started my professional career with Mander Hadley when I joined the firm in March 2021, having completed a Law Degree LLB (Hons) at Birmingham City University.