Fully armed

The business of finding beneficiaries to unclaimed estates can be a drawn-out and complicated procedure. The population is increasing at breakneck speed, divorce is on the up, resulting in name-change complications, and more and more people are deciding to relocate abroad.

However, it is not just 21st century sociological changes that create difficulties for those looking for heirs. Many cases are affected by things that happened years ago, with war, in particular, having a large part to play.

Wreaking havoc

Issues relating to war can wreak havoc on a case. Many people were uprooted and separated and some public records were affected. A case that we recently solved demonstrated clearly such difficulties.

When a 24-year-old man fled from wartime Poland, he found himself in Romania with a small detachment of other Polish soldiers. By fleeing Poland, he left behind his wife and 12-month-?old daughter.

He had been determined to fight for the allies and ended up fighting in and surviving the Normandy landings. By 1940, he had reached France and later arrived in Britain.

By the time he had reached Britain, he could only assume that his wife and daughter would be dead. Settling in Britain, he began working as a chef.

Unknown to him, his wife and daughter had survived the war, but they could only assume that, like so many others, he had been killed.

Twenty-eight years later, in an unexpected turn of events, the daughter was located in Poland. She and her father were informed of each other’s whereabouts and the pair were reunited.

Making contact

Surprisingly, and sadly, father and daughter lost touch once again; this time, they were never to be reunited. He died in 1980 having bought a house with his ‘common-law’ partner, who adopted his name and lived with him, although they were never married. After his death, his partner stayed on to live in the property until her death in 2008, leaving her own daughter to deal with the probate.

While dealing with the probate, it came to light that her daughter was not actually the sole heir to the property, that there was in fact another heir. Attempts were made to find the next ?of kin but to no avail. The matter was passed to the treasury and therefore ended up in our hands. Things finally began to progress.

As more details and issues came to light, it became clear that this was a case best left with the experts. As the deceased’s family lived in Poland, an overseas, Polish-speaking agent was required. This was not a problem for us as sufficient resources were already in place, but for a solicitor to deal with alone, or indeed a member of the public, this part of the research would have potentially proved too time-consuming and expensive.

Other complications arose in that certain certificates that were required to prove identities could not be provided simply because they no longer existed. The loss of pre-World War II records is common and therefore experience and expertise in probate research matters are essential to be able to get around these issues and move forward with the case.

Death notice

Despite some challenges along the way, the case was solved and the daughter was found for the second time. This time she was not greeted with news of her father’s whereabouts, but instead was informed of his death that had taken place 32 years ago. She was also informed of her entitlement to half of his estate, which was at last rightfully distributed.

Many cases face challenges that take searching for beneficiaries, wills, assets, and account shareholders, to name but a few things, beyond the time constraints of a solicitor administering an estate.

This is why it makes sense to refer estate administration to firms that specialise in this area. Cases then have the best chances of being solved quickly, efficiently and in a manner that adheres to best practice guidelines.

Find who you’re looking for. Email legal@fraserandfraser.co.uk or call 020 7832 1430

Sponsored comment by Fraser & Fraser

Copyright & permissions