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Found by an heir hunter
Comments
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I have looked into this and this is my personal opinion, backed with no legal authority, so I could be wrong. But in this instance you know all about the estate and your father's sister is only trying to trace other potential beneficiaries so I am particularly confident I am right in your case.
I believe an heir hunter has a duty to pass-on the names of all potential beneficiaries that they discover, whether or not these people choose to sign-up. They may choose to delay passing on what they have found in the hopes of signing-up more people, in which case it is up to the person or the solicitors who commissioned them to set a deadline for them to report (or ask for a provisional report and determine for themselves whether it is complete). If your father's sister is executor then the solicitors are working for her and it was completely unnecessary for her to sign-up. If she points out to the heir hunter that the solicitors who engaged them are working for her that should get her out of any obligation to pay. Nor is it necessary for you to sign, @Menomum58 , although I suppose not signing could have the effect of delaying matters.
Also, if there was a will but no valid executor named in the will then it is not up to solicitors to "appoint an executor", they must have persuaded your father's sister to apply for Letters of Administration (essentially the right to value the estate) then Probate (the right to distribute the estate). If she is the nearest living relative to your great aunt then she is an obvious candidate. But the solicitors are now working for her to assist her with this process (thereby ensuring that they get further income).
Reed0 -
This is very informative and nice to have some reassurance that my not signing up was correct. I did advise my father's sister that she shouldn't be made sign up either but the thread through all of her dealings with the solicitor is that everyone is required to sign up asap.
Many thanks for the advice0 -
In the scenario you describe,with a valid will,there would seem to be no need for the estate to employ heir hunters
However it is possible that beneficiary tracers need to be appointed if there are beneficiaries whose details cannot be established
i have recently dealt with an estate involving over 20 beneficiaries.Between the executors and the solicitors we employed there remained 2 beneficiaries we could not track down,and on the advice of the solicitors the estate appointed a specialist firm to track down and verify these missing two,which they successfully did.From memory the charge was £250 per per person
This tracking down entailed no requirement on any of the established beneficiaries to be contacted or to sign up to anything affecting their inheritance
However every beneficiary did need to sign and return a form establishing/confirming their credentials,these details being supplied direct to to the solicitors
Have you been asked to pay part of your inheritance ,or is this just an identity verification exercise on behalf of the estate
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I can see no sense in signing which would probably also mean having to pay a commission? Have you checked this? As a valid beneficiary you must receive your due inheritance whether you sign up or not. If there’s a Will I’m also not sure why there are heir hunters involved, it seems strange.0
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From https://www.thegazette.co.uk/wills-and-probate/content/103585
However, if there is only one named executor and they pass away, or all executors pass away, the The Non-Contentious Probate Rules 1987 (NCPR) determine who is entitled to obtain a ‘grant of letters of administration with will annexed’.
It should be noted the order of persons entitled in this situation are different to the rules of intestacy.
I can't see why heir hunters had to be involved either, and I'd stand your ground. The will remains valid: there's no need to trace the whole family.
Signature removed for peace of mind1
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