Trust, but verify: future generation beneficiaries

Locating the beneficiaries of a will trust fund is a task undertaken by legal and probate professionals on a daily basis. However, when the trust fund in question was set up over 80 years ago and when the initial beneficiaries moved overseas and are now also deceased, finding the newly entitled party(ies) becomes less straightforward.

With a choice of firms that specialise in locating beneficiaries, it is imperative that a solicitor wishing to refer research work chooses the right one.

Royalty payments

When Arthur Sullivan died in 1900, his nephew Herbert Thomas Sullivan started to receive royalties that had been generated by his uncle’s work in operatic theatre. In this case, the royalties would have been quite substantial due to the deceased in question being the Arthur Sullivan, one half of the internationally successful theatrical partnership, Gilbert & Sullivan. The gifted duo collaborated on 14 comic operas between 1871 and 1896, productions of which are being shown to this day.

Herbert Thomas Sullivan died in 1928 but before he died, he set up a will trust fund for the on-going royalties that would continue to be brought in from his uncle’s work. However, the fame and popularity of Gilbert & Sullivan’s production means those royalties are still being delivered, outliving the initial recipients. So who is entitled to Arthur Sullivan’s royalties now? And who is best placed to undertake the work to locate them?

Solving a case like this can become a full-time job. In the case of Herbert Thomas Sullivan, those entitled to receive anything from the will trust had emigrated to the United States, making the process of finding the correct beneficiaries while based in the UK more complicated and costly.

Because of the existing will, the royalties from this estate would not automatically go to the next of kin either, there could be friends or organisations involved meaning more lines of research needing to be progressed. This is a prime example of a case that should be placed in the hands of a professional probate research firm, but before deciding which one, there are a number of factors to consider.

Best practice

For example, the Herbert Thomas Sullivan will trust fund would require a firm equipped to work on an international basis ideally with an agent placed in the US. An overseas agent is able to begin the work straight away, wasting no time and incurring no cross-Atlantic travel costs. They will also have more accurate knowledge and know-how to obtain results adhering to best practice in the jurisdiction within which they’re operating.

Another important factor in the solicitor’s decision-making process is the flexibility of the considered firm’s payment requirements. Agreeing on a fixed fee before the work commences is appropriate for many cases, but in others, when it is difficult to predict a term in which results will be delivered, a solicitor may benefit from an agreement that allows payment to be made on a ‘time spent’ basis.

Many genealogists and probate research firms claim to have the expertise to carry out the extensive research that a case like this would require. However, when dealing with a higher profile, international case, it is worth choosing a firm that is well established and can provide the human resource required to commit to the amount of work involved.

Most referral cases involve dealing with sensitive and confidential material so, for peace of mind, when choosing a firm to undertake research, a prudent solicitor will check their level of security and quality accreditation, looking out for audit certification such as the International Organisation for Standardisation (ISO).

ISO is an international standard and, while there are some certifications that can be bought, it is those with the United Kingdom Accreditation Service (UKAS) crown and tick logo that are the ones that have be independently audited and assessed.

With the aforementioned factors no doubt taken into consideration, the case of Herbert Thomas Sullivan’s will trust was handed to Fraser & Fraser, international genealogists and probate researchers who have now entered their 90th year since the current partners’ great aunt started a probate research firm in 1923.

Results are to be delivered imminently meaning that Arthur Sullivan’s royalties will continue to go to those that are rightfully entitled to receive them.

Alicia Higham, Fraser & Fraser