What Happens if a Beneficiary Cannot Be Found?

One of the most stressful scenarios for an executor is a “missing beneficiary.” Whether a family member has moved overseas and lost touch or a relative has intentionally disappeared, an estate cannot be fully closed until every beneficiary is accounted for.

The Executor’s Duty of “Due Diligence”

As an executor, you cannot simply ignore a missing beneficiary. You have a fiduciary duty to make “reasonable efforts” to locate them. In the digital age, the WA Supreme Court expects more than a simple Google search. Reasonable efforts typically include:

• Searching social media and electoral rolls.
• Contacting known relatives and friends.
• Placing advertisements in newspapers (local and in the area the beneficiary was last known to live).
• Hiring a professional genealogist or private investigator.

The “Missing Beneficiary” Time Limit

There is no automatic missing beneficiary time limit that allows you to keep the money if they don’t show up. However, if a person has been missing and unheard of for at least seven years, a legal “presumption of death” may be applied for through the courts.

Tactical Legal Solutions: The Benjamin Order

If you have done everything possible and still cannot find the beneficiary of a Will, you can apply to the Supreme Court for a Benjamin Order. Named after an 18th-century case, this order protects the executor by allowing them to distribute the estate as if the missing person is dead. If the missing beneficiary later turns up, they cannot sue the executor; they must instead try to recover the funds directly from the other beneficiaries who received them.

Missing Beneficiary Insurance

Another tactical option is to take out an insurance policy. This allows the estate to be distributed to the known beneficiaries, with the insurance company covering the cost if the missing person reappears later and demands their share.

FAQ: Missing Beneficiaries in Australia

What happens if a beneficiary cannot be found in Australia?

The funds may be paid to the WA Treasury as “unclaimed money” if the executor cannot obtain a court order for distribution.

Who pays for the search?

Generally, the costs associated with finding a missing beneficiary are paid out of the estate assets as a legitimate administration expense.

What is a missing beneficiary?

This refers to anyone named in the Will (or entitled under intestacy) whose current whereabouts are unknown to the executor.

Solve your estate roadblocks.

Missing beneficiaries shouldn’t put your life on hold. At Tactical Legal Solutions, we specialise in high-level problem solving for complex probate matters. Speak to an expert today or explore our full range of legal services.