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I'm just reviewing your question.
My understanding is that the beneficiary would have 12 years to make their claim.
If the 12 years have passed, the executor should be able to distribute the funds between the remaining beneficiaries.
It should be possible to take out an insurance policy to cover the eventuality that the beneficiary does appear after the funds have been redistributed, so there would be nothing stopping this happening at this time.
I hope this assists?
Technically yes but things are never that clear cut. Why were they absent for so long? What attempts had been made to notify them of their share?
OK see my response above.
Sorry the site offers that as an automated offer. I will chat for as long as needed to resolve this for you!
I' m not sure that the solicitor has acted negligently, to be honest.
Though the beneficiary's claim comes just out of time, my view is that due to the relatively low value of the inheritance, and the costs of potential legal proceedings, that the most straightforward answer is to honour the legacy of the will and allow the now located beneficiary to inherit.
No, it should then be distributed - but this process itself would have taken some time and you as remaining beneficiaries would also all have needed to agree the terms - i.e. personal indemnity/ insurance policies etc.
I don't think it is a 'surely' case, no.
If you are going to pursue a claim for negligence against the solicitor for not acting immediately in notifying the beneficiaries after the 12 years had passed, I'm not sure it would succeed.
The key date is the probate date.
Are there other motivations for not wanting to pay out to this beneficiary?
Did the family really have no contact with them for 12+ years?
If probate was 2005, then the 12 years have long expired obviously.
I again have to question the merit of proceedings though, given that the benefit to each beneficiary would presumably be only . share of the £10k outstanding.
How many beneficiaries were there?
OK. So he would have received 1/20 share of the £10k, had it have been divided amongst the beneficiaries.
My understanding is that if there was a missing beneficiary the funds would have then been distributed between all other known beneficiaries.
I don't think it does fall into residue, I would have expected it to be shared between the remaining beneficiaries.
I'm not sure there's much more I can say at this stage, I'm not giving the answer that you clearly want to hear.
No problem at all.