Q. My grandmother passed away in the new year. She made a will some 30 years ago where she left all of her property to her four children equally. Three of the children still live in Ireland, but one of her sons emigrated to the States in the mid-90s. He was a poor communicator and suffice to say there has been no contact at all with him for about 20 years. My mum and the other siblings have been trying to reach him in the USA, but his old address is occupied by a different person and phone numbers are long since disconnected. Friends believe he might have moved away from the States. Granny always thought that he might have passed away himself. We want to sell the house but do not know if we can when we cannot get a hold of him. What can we do?
Dear Reader,
The first thing to note is that the executor named in the will should consult with their solicitor in order to commence the probate process. A PPSN for your uncle would be required to complete the application, but matters could be advanced in the meantime.
Unfortunately, you cannot presume his death merely due to the fact that he is difficult to locate. The executors would need to take steps to trace him.
There are specialist firms that conduct in depth investigations to trace missing beneficiaries. They can liaise with the relevant authorities both in Ireland and abroad to see whether any updated information can be gathered to locate your missing uncle. Notable Finders International are excellent in this regard. Their email address is [email protected] and their telephone number is 01 567 6940.
They would require copies of his birth certs, photographs, names and addresses of friends and partners etc., and it might well be appropriate for your family to start gathering that information now.
If it transpires that he has passed away, what might happen to his share of the estate would depend on the terms of the will, his date of death, and whether or not he had children of his own.
In the unlikely event that he cannot be located, and his death cannot be confirmed, the executors may have to take out what is known as a ‘missing beneficiary insurance policy’. This is a policy that would protect the family in the event that your uncle, or his own family, reappear at some point in the future.
Generally speaking, if this policy is taken out, the balance of the assets can be distributed to the beneficiaries as if your uncle had passed away himself.
You should discuss all possible avenues with your solicitor at the earliest possible juncture.
