Contract with heir hunter query

Dandylion

I think I'm going to have to go and see a solicitor about this but thought I would pick all your brains first, if you don't mind. Not sure whether it's a probate matter really, or a contractual matter but here goes anyway.

A distant relative died intestate, I didn't know her so the first I heard about it was when an heir hunting firm contacted me about making a claim on the estate. It had appeared on this Bona Vacantia list, but wasn't there long it seems. We signed a contract but then a few weeks later the executor of the estate tracked me down regarding the inheritance. It seems that somebody within the family had the family tree sorted already (a hobby!) and had applied for probate (or whatever it's called when there's no will).

They've apparently traced most of the beneficiaries now, they all live locally, so that's good news. My question is - because the executor tracked me down independently (and has nothing to do with the heir hunter) is there any reason why I can't just receive the payment direct from the executor?

The executor doesn't have a contract with the heir hunter, and they found me without any help from them, so it seems logical that the contract is irrelevant now. But it would be nice to sure! I know it's tough on these companies doing this research but that's what happens, they win some they lose some. Any thoughts? Many thanks.

McKneff

Confused. There cant be an executor if there is no will, nor is probate invoved.

The deceased died intestate.

Not really sure where you stand. You would have to check intestacy laws.

Ganga

Surely if you signed a contract with this firm they are entitled to hold you to it,i am sure they will want their percentage of any inheritance that you receive.

PasturesNew

If you signed a contract you'll probably find it's "deal done" and you can't back out of it, no matter who puts in your claim. They will still send you a bill even though you've now cut them out and are no longer dealing with them.

getmore4less

McKneff wrote: »

Confused. There cant be an executor if there is no will, nor is probate invoved.

The deceased died intestate.

Not really sure where you stand. You would have to check intestacy laws.

Standard for people to not understand the minute details of the terminology of estate administration.

Probate and Executor and often used as the generic terms so it is clear they mean someone has applied for letters of administration and is acting as a personal representative.

getmore4less

time to read what you signed in great detail this situation is likely to be covered this won't be the first time.

Dandylion

Thanks all. Yes it is the case that someone applied for letters of administration. Embarrassingly I can't lay my hand on the contract - and as 'getmore4less' says, I'm sure it is the case that this isn't the first time it's happened it would be good to hear from someone who was in the same boat.

The bit I can't get my head round (for those of you who think - I've signed therefore I'm committed) is that I've been contacted by an executor who says I'm a beneficiary - and this seems nothing to do with the contract.

If you take it to the extreme, what's to stop anyone identifying beneficiaries, will or no will, and saying sign this and I'll help you claim your inheritance. Then the beneficiary can't have their inheritance direct from the executor, just because the heir hunters were quicker to get in touch than the executor? It's making my head hurt!

Yorkshireman99

Dandylion wrote: »

Thanks all. Yes it is the case that someone applied for letters of administration. Embarrassingly I can't lay my hand on the contract - and as 'getmore4less' says, I'm sure it is the case that this isn't the first time it's happened it would be good to hear from someone who was in the same boat.

The bit I can't get my head round (for those of you who think - I've signed therefore I'm committed) is that I've been contacted by an executor who says I'm a beneficiary - and this seems nothing to do with the contract.

If you take it to the extreme, what's to stop anyone identifying beneficiaries, will or no will, and saying sign this and I'll help you claim your inheritance. Then the beneficiary can't have their inheritance direct from the executor, just because the heir hunters were quicker to get in touch than the executor? It's making my head hurt!

The circumstances are quite unusual. Heir hunting is not easy, or cheap, and professionals have far more resources than amateurs do.

poppystar

Dandylion wrote: »

Thanks all. Yes it is the case that someone applied for letters of administration. Embarrassingly I can't lay my hand on the contract - and as 'getmore4less' says, I'm sure it is the case that this isn't the first time it's happened it would be good to hear from someone who was in the same boat.

The bit I can't get my head round (for those of you who think - I've signed therefore I'm committed) is that I've been contacted by an executor who says I'm a beneficiary - and this seems nothing to do with the contract.

If you take it to the extreme, what's to stop anyone identifying beneficiaries, will or no will, and saying sign this and I'll help you claim your inheritance. Then the beneficiary can't have their inheritance direct from the executor, just because the heir hunters were quicker to get in touch than the executor? It's making my head hurt!

It is indeed nothing to do with your contract but you have signed a contract with the heir hunters.

An estate almost certainly won't have had an executor or will if it made it to the Bona vacant list, it will have been hanging around unclaimed for some time. Heir hunting firms are not out hunting for clients immediately after someone dies and trying to beat executors to it - just each other!

It is quite possible that the person who is now administering the estate knew nothing about it until they themselves were approached by an heir hunting firm (may not be the one that approached you) but decided that rather than sign a contract they would do the work themselves and take on the administration and effort involved. Especially if they had or knew someone who had done the family tree.

In cases like these beneficiaries can choose to avail themselves of the heir hunters services, do the work themselves or walk away from the inheritance. I guess you did the former but the person doing the administration chose the second preferring to take on the work rather than pay the heir hunters a percentage.

It is a shame that the person doing the administration was not known to you or was not able to contact you before you signed the contract but that must be a common problem when distant family members are involved some of whom may be unaware of the existence of some of the others.

getmore4less

Dandylion wrote: »

Thanks all. Yes it is the case that someone applied for letters of administration. Embarrassingly I can't lay my hand on the contract - and as 'getmore4less' says, I'm sure it is the case that this isn't the first time it's happened it would be good to hear from someone who was in the same boat.

The bit I can't get my head round (for those of you who think - I've signed therefore I'm committed) is that I've been contacted by an executor who says I'm a beneficiary - and this seems nothing to do with the contract.

If you take it to the extreme, what's to stop anyone identifying beneficiaries, will or no will, and saying sign this and I'll help you claim your inheritance. Then the beneficiary can't have their inheritance direct from the executor, just because the heir hunters were quicker to get in touch than the executor? It's making my head hurt!

To get on BV list needs someone to put it there usually because those dealing with the death have no knowledge of ANY relatives.

How and when did the person who took on the administration find out about the death.

Did they get a tip off or were they monitoring the BV list.

Even when HH start and get people signed up they still have to let a beneficiary take on admin if they want or get agreement to get solicitors involved.

As you say your contract is with the HH and is independent of who administers the estate but could still commit you to paying out of your share.

A bit like an estate agent that gets sole selling rights, even if you find your own buyer you still pay.

you need to find or get a new copy of the contract ASAP.

maximumgardener

you signed a contract......maybe jumped the gun a little.....

pay up and look cheerful !!!