Introduction
Many of us will have sat eyes glued to the BBC TV Series "Heir Hunters" and marvelled in admiration at the frenetic pace at which the probate detectives seek out the living relatives of an intestate estate. Whilst this is true and the competition can be fierce, there are also many cases which go unsolved for weeks, months and even years.
This weeks feature blog comes from Maurice Clarke, founder of the "Heir Hunters Association" (HHA), whose long term interest in genealogy was piqued when he himself became a beneficiary of such a case.
This weeks feature blog comes from Maurice Clarke, founder of the "Heir Hunters Association" (HHA), whose long term interest in genealogy was piqued when he himself became a beneficiary of such a case.
"In 2002 he inherited a substantial sum from an (unknown) relative whose estate was distributed under the terms of intestacy. The ensuing maternal and paternal family trees became an interesting revelation and at this point Maurice's interest started which lead eventually to the formation of the HHA several years later"
For those of you that think "I would like to try that" the HHA, established by Maurice in 2009 was set up specifically to help:-
"Prospective, new and fledgling probate detectives form and establish their own beneficiary tracing business, full or part time.
Beneficiaries who have been approached by Heir Hunters and are confused over their rights and the risks involved especially in view of fraudulent emails circulating worldwide.
The general public who wish to seek out potential unclaimed estates in case they are related to the deceased. Each week new cases are posted and some claims remain open for many years, many eventually are paid over to the state under intestacy laws.
Plus the HHA provides ongoing support, knowledge and contacts worldwide with a regular free newsletter".
First, let us get to grips with what an "intestate estate" actually is, learn a little bit more about the role of an "Heir Hunter" and the potential obstacles they may need to overcome.
Blog
If you’re interested in genealogy, you’ve most likely been following the BBC's Heir Hunters series in which probate researchers locate missing beneficiaries to unclaimed estates.
Unlike traditional genealogy – which traces family lines into the distant past – heir tracing involves seeking living descendant relatives who often have lost touch with their distant kin.
Unlike traditional genealogy – which traces family lines into the distant past – heir tracing involves seeking living descendant relatives who often have lost touch with their distant kin.
Where there’s a will
| A will or testament serves as a legal instruction as to who should inherit your assets, such as money, property, businesses and personal belongings, after your death. But it’s not compulsory to make a will. Every year, millions of people worldwide die without a will – called dying intestate – often leaving substantial cash and property estates. |  Image courtesy of Stuart Miles at FreeDigitalPhotos.net |
In these cases, the law takes over to make sure the deceased's assets are distributed to their next of kin, whom they may not even be aware of or have ever met. But all too often there is no obvious heir under the rules of intestacy.
If no kin is traced or comes forward to claim within the statutory claim period, the state inherits the estate – with billions of pounds going into the Treasury’s coffers every year. Claims may be considered up to 30 years later, but interest is only paid on claims that are made within 12 years.
If no kin is traced or comes forward to claim within the statutory claim period, the state inherits the estate – with billions of pounds going into the Treasury’s coffers every year. Claims may be considered up to 30 years later, but interest is only paid on claims that are made within 12 years.
All change in society
It’s hardly surprising that a large number of estates remain untraced: society has changed significantly over the last few decades, becoming more mobile and increasingly fragmented.
Think about it. Families used to spend their entire lives in a small geographical area, as did their descendants. These days, however, people don’t just move to different parts of the same county or country, but many emigrate abroad to live. Marriage is less common, divorce more frequent and people often live with ‘partners’ without any legal ties.
If couples split, the chances are that they’ll go on to form new relationships with partners who themselves have had previous relationships or marriages. As a result, children within a typical modern family unit may have different parents.
The result: a potential nightmare for anyone trying to trace beneficiaries across the globe to a deceased person’s estate. The role of such people or firms – widely known as “heir hunters” – is to track down and prove the family link with the deceased and thus claim a share of the estate on behalf of their beneficiary client.
Think about it. Families used to spend their entire lives in a small geographical area, as did their descendants. These days, however, people don’t just move to different parts of the same county or country, but many emigrate abroad to live. Marriage is less common, divorce more frequent and people often live with ‘partners’ without any legal ties.
If couples split, the chances are that they’ll go on to form new relationships with partners who themselves have had previous relationships or marriages. As a result, children within a typical modern family unit may have different parents.
The result: a potential nightmare for anyone trying to trace beneficiaries across the globe to a deceased person’s estate. The role of such people or firms – widely known as “heir hunters” – is to track down and prove the family link with the deceased and thus claim a share of the estate on behalf of their beneficiary client.
There are no guarantees…
Informing family members that they may be in for a windfall not only comes as a pleasant financial surprise, but also unlocks family history and knowledge. This proves to be an added bonus for many beneficiaries who have no idea of their family link.
However, many beneficiaries are rightly suspicious when first contacted out of the blue by an heir hunter, as they often think it’s some sort of identity scam or fraud. Even once they’ve been convinced of the heir hunter’s credentials, and assuming that the link to the estate is successful, it can take months – sometimes years – to tie up the case.
However, many beneficiaries are rightly suspicious when first contacted out of the blue by an heir hunter, as they often think it’s some sort of identity scam or fraud. Even once they’ve been convinced of the heir hunter’s credentials, and assuming that the link to the estate is successful, it can take months – sometimes years – to tie up the case.
 Image courtesy of Stuart Miles at FreeDigitalPhotos.net | The eventual amount received depends upon the size and complexity of the estate, as well as the number of beneficiaries. Moreover, further research can sometimes throw up other family members who inherit instead due to their priority within the family tree. … but there’s also nothing to lose This risk is borne by the heir hunters, who typically work on a "no win, no fee" basis. |
They generally charge a contingency commission ranging from 10 to 30% (often +VAT) of the estate’s value, sometimes with a minimum or maximum fee limit.
But they may fail to find any beneficiaries to a particular estate or discover that the estate is too small to cover their search costs. It’s also not uncommon for them to solve the case, only to discover that another heir hunter has pipped them to the post and signed up the beneficiary first. In any of these scenarios, it’s the heir hunter who’ll be out of pocket.
But they may fail to find any beneficiaries to a particular estate or discover that the estate is too small to cover their search costs. It’s also not uncommon for them to solve the case, only to discover that another heir hunter has pipped them to the post and signed up the beneficiary first. In any of these scenarios, it’s the heir hunter who’ll be out of pocket.
So, if you think you may be entitled to a share of an unclaimed estate, it’s worth keeping an open mind and having realistic expectations. As the old adage goes, "anything is better than nothing". And this is never truer than with unexpected inheritances.
Links
Twitter @HeirHunterUK
Other websites under the HHA (www.hha-uk.com) umbrella include:
http://hha-peopletrace.org.uk/ – an online service that helps people trace just about anyone on a ‘no trace, no fee’ basis.
www.unclaimed-estates.org.uk – regularly updated list of all 14,000+ unclaimed UK estates.
www.hha-research.org.uk – in-house team of professional researchers who trace missing beneficiaries to unclaimed estates and financial assets.
www.hha-bmd.com – an innovative online platform where people with an interest in family history can exchange information.
Other websites under the HHA (www.hha-uk.com) umbrella include:
http://hha-peopletrace.org.uk/ – an online service that helps people trace just about anyone on a ‘no trace, no fee’ basis.
www.unclaimed-estates.org.uk – regularly updated list of all 14,000+ unclaimed UK estates.
www.hha-research.org.uk – in-house team of professional researchers who trace missing beneficiaries to unclaimed estates and financial assets.
www.hha-bmd.com – an innovative online platform where people with an interest in family history can exchange information.
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