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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10180
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My uncle has passed away and has left a will. He has 3 children

Customer Question

My uncle has passed away and has left a will. He has 3 children whom he hasn't seen for over 25 years. We do not know where they are. How do we go about contacting them? Would we need to get a solicitor involved ? I Thought about putting notices in 3 local papers, would this be enough and how long do you give them to reply ?
Many thanks
lorraine
Submitted: 8 months ago.
Category: Law
Expert:  Aston Lawyer replied 8 months ago.
Hi Lorraine,Thanks for your reply.The Executor(s) named in the Will is under a duty to distribute the monies in accordance with the Will, so everything has to be done to locate the 3 children. If this is not done, and any of them appear at a later date, they could sue the Executor.On the basis that you are the Executor, you should therefore instruct a local Solicitor to advise and act on your behalf. He will probably advise an advert in a local paper to where the 3 were last living or instructing a tracing agent to locate them (it is relatively easy to locate people nowadays).If they can not be found, you would then have 3 options-1. distribute the Estate to the known beneficiaries in return for them giving a indemnity that if any of the 3 children do appear in the future, that they return the money which the 3 are entitled to.2. Your Solicitor can arrange missing beneficiary insurance, meaning that if they do appear in the future and claim their entitlement, that the insurers will pay out.3. Obtain an Order from Court, allowing the Executor to distribute the Estate on the grounds that the 3 children have predeceased their Father.I hope this assists and sets out the legal position. I must say that it would normally be possible for missing beneficiaries to be located. Kind RegardsAl
Expert:  Aston Lawyer replied 8 months ago.
Hi Lorraine,Can I assist you any further?Kind RegardAl
Expert:  Aston Lawyer replied 8 months ago.
Hi Lorraine,If I have answered your question, I would be grateful if you could rate my answer.Kind RegardsAl

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