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 the bevy of probate detectives and heir-hunting firms that have cropped up recently - and also for the 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.
Kevin Percy, a retired antiques dealer in Napier, New Zealand, has a final mission in life - to use DNA testing to ascertain if he is related to the current Duke of Northumberland. To that end, he hopes to persuade English authorities to exhume the bodies of two individuals who died 450 years ago. The Northumberland ancestral seat and family home is Alnwick Castle. Home in London is Syon House (above).
Numbers games
Thousands of people die intestate every year. Many have minuscule 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?
Close relations - 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.
Finders Keepers
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.
What's in a name?
John Smith or Johannes Smythewick? If you are tracking the former, lots of luck. There are zillions marriage and death certificates for the likes of John and Mary Smith or Miller. But if the name is unusual, the task is easier and faster.
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.
Treasury Solicitor Warning
"A number of scams...operate via the Internet and by letter, sometimes from outside of the UK, some of which may suggest they are authorised by or act for Bona Vacantia Division. Many of these will inform the recipient that they are the beneficiary of a substantial legacy but will ask for fees and/or taxes in advance of sending more information or the release of funds. These activities will always be fraudulent and on no account should you make any payment or transfer any funds."
