Heir Hunting

Could it be you?

No will and no relatives is good news for several members of the royal family: if no relatives are traced, the estate goes to the Crown, the Duchy of Cornwall or the Duchy of Lancaster.

No will and no relatives is also good news for probate detectives and heir-hunting firms - and also for the long-lost relatives they find.

No relatives often means 'No traceable relatives' or 'No easily traceable relatives.' But if they are out there, probate detectives have the expertise to locate at least some of them.

The result may be a nice payday for heir and heir-hunter alike.

But scammers and fraudsters also operate in this area of inheritance. A few warnings are listed at the bottom of this page, and more information is provided on Frauds and Fiddles.

Numbers games

Thousands of people die intestate every year. Many leave tiny estates, but some leave a house or other substantial asset behind. If no heirs are found, the Crown gets its all.

Heirs may live far away, even in another continent. They may be totally unaware of the existence of their relative, and of their kinship to him or her.

The Treasury Solicitor's office handles the intestacies of people with solvent estates of at least £500 whose last permanent address was in England & Wales (except in the Duchies of Cornwall and Lancaster).

The Treasury Solicitor handles some 2,000 cases annually. Their website (www.bonavacantia.gov.uk) provides names and other useful information.

Ninth Cousin Fourth Removed! Who? When?

A close relative - a spouse, civil partner or child of the deceased - is obviously close enough to qualify as an heir. So, too, are blood relatives descended from a grandparent. Beyond that, the familial link is too weak. Also, relatives by marriage (except for spouses) are not recognised as kin.

Claim should be made within 12 years after the substantial completion of the estate's administration, although a 30-year time frame from the date of death may operate in some instances.

What's in a name?

If you think you are the long-lost heir, you can make your own claim. Typically, long-lost heirs are truly lost, and they remain lost unless a probate detective finds them.

Some heir-hunting companies charge a set fee, others take a percentage. The latter method has caused controversy: the company locates an heir but will provide the relevant information only if the heir signs a contract surrendering a percentage of the legacy. The heir-hunter justifies the fee primarily on two grounds: the heir would get no money at all and be none the wiser if the company did not find the heir in the first place. Secondly, 20 or 25 or 30 per cent of something for the heir is better than zero per cent of nothing.

How much time and effort are involved in locating heirs? Much depends on the names involved. If you are researching Johannes Smythewick and you find documents connected to that name, you are probably on the right track - a relatively fast track.

But what if you are dealing with John or Mary Smith or Miller or Taylor. The zillions of marriage and death certificates and other documents connected to such names can be overwhelming and lead to many dead ends.

Warning

The government (the Bona Vacantia Division of the Treasury Solicitor) does not employ agents to locate beneficiaries. And it warns against internet and snail-mail impostors. (back to top of page)

Heir-hunting firm Fraser & Fraser also warns against scam emails purporting to come from their firm. Fraser & Fraser does not contact potential beneficiaries by email. More information is on Frauds and Fiddles.