VIC Unclaimed Inheritance - Assumed Dead

Discussion in 'Wills and Estate Planning Law Forum' started by Jason400, 30 July 2018.

Tags:
  1. Jason400

    Jason400 Member

    Joined:
    30 July 2018
    Messages:
    1
    Likes Received:
    0
    A relative of mine apparently has missed out on a large inheritance as they were assumed dead.

    The inheritance was divided up and nothing put aside.

    The thing is we are not sure that a reasonable search was conducted for the assumed dead relative, as they were and have been listed in the phone book for decades.

    Can anyone give any general advice or point me in the direction of where to look into this further?

    Thanks
     
  2. Rob Legat - SBPL

    LawTap Verified

    Joined:
    16 February 2017
    Messages:
    1,311
    Likes Received:
    259
    If the executor failed in their duties to exercise reasonable care in locating a beneficiary, they may wear some liability. In circumstances like this, and given it is a "large inheritance", a prudent executor would obtain what is called a 'Benjamin Order' from a court to distribute the estate. This protects the executor from liability, but it doesn't mean the beneficiary misses out. They have a right to reclaim to inheritance from the other beneficiaries who received it.

    I suggest your relative retain legal representation.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;