24 July 2025
What are an executor’s duties towards a missing beneficiary?
By Victoria Wells, Solicitor, Hayes + Storr.
As an executor or administrator of a will, your responsibilities go beyond distributing assets; you must take all reasonable steps to locate any missing beneficiaries (individuals or organisations named to receive something in the will). Failing to do so can lead to serious legal consequences, including personal liability for any incorrect distributions.
Why do beneficiaries go missing?
Beneficiaries may be uncontactable for various reasons, estrangement, long-term lack of contact, or moving without updating their information. This is particularly common in intestacy cases, where certain specified relatives may be entitled to inherit despite no prior relationship with the deceased.
Legal duty and timing
Executors owe a fiduciary duty to all beneficiaries – named or entitled under intestacy. This means you must make reasonable efforts to find them as soon as possible, ensuring they are informed about the estate and their entitlements. Delays can complicate the estate’s administration and increase legal risk.
Steps to locate a missing beneficiary
You should escalate your efforts if initial attempts (e.g., letters or emails) fail. Your approach will depend on the specifics of the estate and the likelihood of locating the beneficiary.
Things you can do:
• Consult the will file: previous correspondence may contain useful information such as contact details or personal context.
• Asking others: family members, other beneficiaries, or friends of the deceased may be able to help.
• Social media: platforms like Facebook and LinkedIn can aid in finding someone.
• Public records: electoral rolls and birth, marriage, or death registers may provide leads.
• Professional tracing services: these are often highly effective, especially for distant relatives or international searches.
If the beneficiary cannot be found
Even after trying all the above approaches, some beneficiaries remain untraceable. The options open to you at this stage include the following:
Holding funds: you can set aside the missing beneficiary’s share in an executor’s account. If the beneficiary is then located in the future, they can claim their inheritance. This protects you but may delay finalising the estate, imposing long term obligations on you as an executor or administrator.
Paying other beneficiaries: alternatively, you can distribute the amount due to the missing beneficiary to the other beneficiaries, subject to a legally binding commitment that if the missing beneficiary emerges later, the other beneficiaries will repay the amount.
Missing beneficiary insurance: this covers financial loss and legal costs if a missing beneficiary emerges post-distribution.
The court: for maximum protection, you can seek court intervention. The court may issue what is called a ‘Benjamin Order’ which allows you to distribute the estate on the assumption that the missing beneficiary has died. This court order protects the executor from any liability if the beneficiary later comes forward. The downside to this approach is that it can be an expensive exercise.
How We Can Help
Each estate is unique. Our team offers tailored advice to ensure you meet your obligations and avoid personal liability. We work with tracing agents, assist with insurance options, and can make court applications where needed.
For further information, contact Victoria Wells on 01263 712835 or email victoria.wells@hayes-storr.com.
This article is for general information only and does not constitute legal advice. The law may have changed since publication.
