How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22564
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Type Your Law Question Here...
Stuart J is online now

5 cousins have inherited in equal proportions the estate of

Customer Question

5 cousins have inherited in equal proportions the estate of another cousin who has died.
The value of the estate is about 1,000,000 pounds after inheritance tax has been paid.
There are no other beneficiaries.
However one of the cousins cannot be located and his proportion is being held in a joint
account opened by the other 4 cousins.
How long needs to elapse before that account can be distributed to the remaining 4
cousins assuming that the fifth cousin has died and has not left a will.
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Do you have a specific question?
Expert:  Stuart J replied 4 years ago.

It depends what the will say as to whether this goes to the remaining
beneficiaries or stays with the one that you cannot find.

Firstly, you have to make all attempts to find him using international
tracing agents although the cost of that can be deducted from whatever he has

You have to find out whether he died before the person writing the will or

If he died before the person leaving the will and the section 33 of the
Wills act is not excluded that whatever he was left goes to his children if he
has any. If he has not section 3 of the Wills act is excluded, and he died
before the person leaving the will and his share goes to the surviving

If he died after the person writing the will, then what he has inherited
either passes in accordance with his own will or in accordance with the rules
of intestacy which are here

he may have other relatives that the surviving beneficiaries and in this
respect, the executors are probably going to have to use a firm of genealogists.

It is not simply a case of waiting for a period of time and the survivors
then taking the money.

At the end of all this, it is essential for the executors to take out an
indemnity policy in the eventuality that beneficiaries come out of the woodwork
and who were not paid

Can I help further?

Please bear with me today because I am online and off-line. Please don't
forget to positively rate my answer service (even if it was not what you want
to hear). If you don't rate it positively, then the site keep your deposit and
I get 0 for my time. It is imperative that you give my answer a positive
rating. It doesn't give me "a pat on the head", "good boy" (like ebay), it is
my livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Previous | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice