Life is rarely simple and there are times when the differences between family members become irreconcilable, resulting in estrangement.
Much like divorce, estrangement sees people part ways on the assumption that they may never see or speak to each other again.
It is not uncommon for estranged relatives to be written out of Wills, but this does not always occur.
If you find yourself seeing the name of an estranged relative in the Will of a recently departed loved one, you need to know your legal duties and whether they are still entitled to inheritance.
Are estranged relatives entitled to inheritance?
The law in England and Wales regarding inheritance is fairly flexible in that there is no mandatory inclusion or exclusion of people.
This means that anyone named in a Will stands to receive their share of an estate and anyone not named, or specifically excluded, should not expect to receive anything.
Disputes can occur when someone is left out of a Will, but there is limited legal recourse for challenging the inclusion of a person.
To get someone’s name scrubbed from a Will, you would have to demonstrate that the entire Will is invalid or that the name was included under duress or through fraud.
If successful, the estate will be divided in accordance with the last valid Will or will follow the rules of intestacy if no such Will can be found.
Simply disagreeing with the choice of beneficiaries is not a valid reason to have a Will overturned, even if the relationship with that individual soured since the Will was created.
Do I need to find an estranged relative to give them their inheritance?
As much as it may be painful, it is the executor’s legal duty to make all reasonable efforts to track down every beneficiary named in a Will.
If you are an executor, the duty will fall to you to find each person and ensure they receive their fair share.
Documenting every step of this process will be vital, as you will need to evidence that you genuinely tried to find a person before they can be considered uncontactable.
The best place to start is by asking other relatives and friends who may still have contact, but this may not always lead to the person being found.
You may also be aware of their last known address, place of work or their social media profiles, so attempting to use any of these to contact them can be effective.
Sometimes, people can seemingly fall off the face of the earth.
If a person has changed their name due to marriage, divorce or by getting a Deed Poll, it may be more difficult to find them.
This might be further compounded if their legally recognised gender has been changed through the obtaining of a Gender Recognition Certificate, which could make it more difficult to find their new identity.
It can often be worth putting notices in papers or the Law Gazette or employing the services of a professional tracing agent.
What if an estranged relative cannot be found?
If, despite your best efforts, you cannot find an estranged relative, then there are a few options.
Their share can be retained or redistributed, but you should be mindful that a claim to inheritance can usually be made for up to 12 years from the death.
This means that the estranged relative may show up one day and ask for what is theirs.
A Benjamin order can be obtained from the court to permit the distribution of the estate on the assumption that the estranged relative has died, protecting you from liability.
A Benjamin Order will consider factors such as age, last known contact and the steps taken to trace them, hence why it is vital to have evidence that you tried everything.
Having to find an estranged relative may be the last thing you want to do when handling the estate of a loved one, but it is a legal necessity.
At Palmers, we work to support the people of Essex with a compassionate approach to their legal rights and responsibilities.
The best option for minimising family tensions regarding inheritance is to keep Wills up to date, which is something our team are happy to help with.
If you are handling the estate of someone who has died, we can support you in making sure everything is done in a legally sound way. Get in touch for expert support with managing Wills and probate.
