Page 21 - Best Of Local Mag April 2023 Edition

Missing Beneficiaries

When it comes to administering beneficiary has deceased - it simply requires
entitlements under a Will, the executor an absence of evidence that suggests the
or administrator has a duty to make beneficiary is alive.
reasonable attempts to locate beneficiaries
and distribute the estate accordingly. But It is worth noting that the successful
what happens if a beneficiary cannot be application for a Benjamin order does
found? not prevent that beneficiary (if ever
located) from claiming their testamentary can be costly and complex – especially if the
In the event of a missing beneficiary, entitlement. The beneficiary is able to make estate is not substantial.
Executors can make an application to the a claim up to 12 years from the date of the
Court seeking a Benjamin Order. This allows Will makers death, however it protects When making your Will, it is important
an Executor to distribute the assets within the Executor from any personal liability to give consideration to who you
an Estate when a beneficiary cannot be distributing the Estate in the circumstances. are appointing as your executor and
located. The Order allows for the Estate to beneficiaries and the risks of those persons
rely on a presumption that where there has Any attempt to apply for an order requires losing contact. We recommend keeping
been no contact and all reasonable attempts the administrator to prove that they have a record of names and contact details of
to locate the beneficiary have failed, that made all necessary and reasonable attempts beneficiaries, and updating this regularly.
the beneficiary has died and their share can to locate the individual. Inquiries can be Keeping this record with your Will and other
instead go to the next entitled person. made through family members, electoral important documents can also help your
rolls, phone records, and with the registry executors as they navigate the details of
This runs contrary to conventional practices of births, deaths and marriages. Facilities your Estate when you are no longer around.
of establishing death; a Benjamin order like private investigators and missing heir’s It can also help avoid additional legal costs
does not require evidence proving that the services are also available, however both being incurred.
Madeline Crnkovic, Law Student and Paralegal at Zande Law Solicitors, Suite 9, Norwinn Centre,
15 Discovery Drive, North Lakes, is the author of this article, training in the area of Wills and Estates.

The information in this article is merely a guide and is not a full explanation of the law. This firm
cannot take responsibility for any action readers take based on this information. When making
decisions that could affect your legal rights, please contact us for professional advice.

April 2023 www.bestoflocal.com.au 21