Tales of the unexpected

The estate administration process is full of twists and turns. Most notable are the stories that stem from the uncertain territory of intestacy cases. As family ties are investigated and the family tree drawn up, it is common to uncover surprises and secrets that have been concealed over the years and not discovered for generations.

To create an accurate family tree, the experts will often draw on many research methods and sources of information. They know that relying purely on internet-held records may lead to vital facts being overlooked. So traditional forensic methods, such as conducting enquiries with known family, friends and neighbours, are employed to help build a more complete picture of the family members entitled to inherit.

Unearthing these previously unknown facts is precisely the sort of discovery that could complicate an administrator’s work. Fraser & Fraser, a leading firm of genealogists, and experts in the field of international probate research, have developed an extensive range of services that are designed to support legal professionals in their estate administration work. While these services can be used at almost any stage of the administration process to ensure accuracy of the facts and best practice in your work, there are advantages to taking action at the beginning of the process.

Take the case of a British woman, who passed away in Italy, leaving a property and a substantial estate. Her second cousins presented a claim on the estate. Because the deceased was domiciled in Italy, they could have been entitled to inherit, unlike under English law. But in Italy, distribution of an estate is decided by degree of proximity to the deceased, which means that the relatives most closely related inherit the whole estate, eclipsing others’ claim. Therefore, should any closer kin be found, they would, in effect, wipe out the other known heirs’ claim completely.

The Italian agent referred the case to Fraser & Fraser, whose research uncovered surprising results. They located a paternal first cousin living close to the deceased’s home town of Manchester. He had not seen her since childhood, long before her move abroad. Nevertheless, he was proven to be her closest living relative and was entitled to inherit the entire estate.

Rightful heirs

Research on another case provided equally dramatic results. When a woman in Surrey died intestate, solicitors were approached by a cousin-once-removed to administer the estate. She believed herself to be the closest living relative and entitled to claim on the estate. The solicitor invested his own time into researching the family, which led him to think ?that he had identified more cousins who would be entitled to inherit the estate along with his client.

The case was referred to Fraser & Fraser, who offered a Free Research Assessment, involving the appraisal of existing family-tree information; they recommended that more research should be carried out as some facts didn’t add up. Instructed to proceed, the firm uncovered surprises that drastically changed the course of events. Through a combination of ‘illegitimate’ birth and informal adoption, the family tree had altered dramatically. Fraser & Fraser identified and located new rightful heirs in place of those individuals previously found, who were not entitled to inherit.

These twists and turns are incredibly common in estate admin tales. Both cases demonstrate the value ?of genealogical research in ensuring that rightful heirs are identified and located. Without the expert assistance of Fraser & Fraser, it is possible that the administering solicitors might well have distributed these estates to family members who were not entitled, putting themselves at risk of potential claims.

It is clear that referring this type of case to experts is a must. Although it is never too late to ask for assistance, the benefits of taking this important step at the beginning of the administration process are obvious. The support you receive will save you ?and the estate time and money.

To find out how we can help you, contact us. Email legal@fraserandfraser.co.uk or call 020 7832 1430

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