Heir Hunters - Take Advice!

Until the recent publicity afforded by television shows on the subject, many people might not have realised that ‘heir tracing’ companies exist, let alone that they research ‘promising’ estates by looking at public records and then contact potential beneficiaries of those estates.

The prospect of obtaining a windfall following a knock on the door by such a firm makes many people only too glad to sign the contract offered, but quite often these can involve very considerable sums being paid to the heir locators – a figure of 25 per cent of the inheritance is not uncommon.

It is often the case that your entitlement to an unexpected legacy can be achieved more economically. Many such approaches result from the firm researching into the background of substantial unclaimed estates and much of the work that is done can be done by an ‘amateur’ (especially one with an interest in genealogy) without great expense.

Here are some things to think about if you are approached by such a firm. Often, the details they give you will be scanty and will not include the likely value of the inheritance. The withholding of critical information in order to make you sign the contract may make their agreement with you unenforceable.

Firstly, try to establish who the deceased is, your relationship to them and the value of the estate. The latter can normally be found with a little research, as wills are public documents. The more distantly related to them you are and the more other possible beneficiaries, the less you are likely to receive.

Do not rush! If the visit arises because of an unclaimed estate, the estate will not pass irrevocably to the Crown until 30 years after the death of the testator, so there is normally plenty of time. The Treasury Solicitor’s website contains details of unclaimed estates (www.bonavacantia.gov.uk), which is a good starting place for your research.

If you are approached by an heir hunter, contact us for advice.
 
 

Related Articles

-
Divorce is almost never easy and the financial negotiations can be protracted and difficult, particularly when there are business interests involved. In this article we consider some of the issues surrounding divorce for company directors. In the first...
-
UK consumer protection legislation is robust, giving them substantial rights and imposing significant obligations on traders. Indeed, in some cases the actions of a vendor may be sufficient to constitute an ‘unfair commercial practice’ (UCP). UK...
-
One of the conditions which must be satisfied for a will to be valid is that the person making it must be of sound mind. With an ageing population, cases involving disputes over a testator’s mental capacity are becoming more common – it is...
-
Following changes in the tax legislation governing the income tax payable by non-domiciliaries, and some relevant tax cases, HM Revenue and Customs (HMRC) have issued a guidance booklet (HMRC 6) . This replaces the old guidance, which was contained in...
-
The Court can potentially deal with: The matrimonial home and all other assets including land, contents, life policies, stocks and shares, motor vehicles, pension benefits, maintenance and in limited circumstances, maintenance for the child of the family. ...
-
Statute Before a court makes an order, it has to look at a checklist of considerations. These are set out in Section 25 of the Matrimonial Causes Act 1973. These factors are listed below but provide scant guidance as to how the Courts apply the factors....
-
Family Judges and Lawyers commit to take Bitterness and Cost out of Divorce 6 Years on, London Family Lawyers Celebrate the Success of Collaborative Law Keynote Address by: Lord Kerr Justice of the Supreme Court The RT Hon the Lord Kerr of...
-
Does the recent financial turmoil affect your marriage or relationship? The sad answer is that it’s very likely that it does. If you are thinking of separating or are in the process of separating then in most cases the main family asset is likely to...
-
Statute Before a court makes an order, it has to look at a checklist of considerations. These are set out in Section 25 of the Matrimonial Causes Act 1973. These factors are listed below but provide scant guidance as to how the Courts apply the factors. ...
-
An explanation of the Legal Phrases you may Encounter Acknowledgement of service form – the form by which the respondent (or co-respondent) acknowledges having received the divorce petition. Affidavit – a formal statement sworn on oath...
-
The Court can potentially deal with: The matrimonial home and all other assets including land, contents, life policies, stocks and shares, motor vehicles, pension benefits, maintenance and in limited circumstances, maintenance for the child of the family. ...
-
HM Revenue and Customs (HMRC) offer useful guidance on the mechanics of the transfer of the unused IHT ‘nil rate band’ between spouses or civil partners and gives several examples of this complex relief. One important point for executors is...
-
The early months of the tax year are a good time for savers to think about tax planning for the current year. In particular, now is a good time to think about investments that produce regular income – if you can find them. If you expect to have a...
-
One of the biggest problems now facing executors is that as the recession progresses, most assets, other than cash, are falling in value, which can mean that the value of an estate for Inheritance Tax (IHT) purposes is greater than the market value later on....
-
The Child Maintenance and Enforcement Commission (CMEC) – a statutory non-departmental public body – was established in 2008 to take on the work of the Child Support Agency. At the same time, the Child Maintenance and Other Payments Act 2008 ...
-
Until the recent publicity afforded by television shows on the subject, many people might not have realised that ‘heir tracing’ companies exist, let alone that they research ‘promising’ estates by looking at public records and then...
-
After another cold, wet summer and with dull economic prospects at home, you might be thinking of buying a property abroad or even making a permanent move to foreign climes. If so, as well as it being essential to take independent and high quality legal...
-
Stamp Duty Land Tax (SDLT) is a self-assessed tax. The onus is on the taxpayer to make the necessary land transaction return, calculate the tax and pay it across. This is a fundamental change from the old Stamp Duty regime which taxed documents of...
-
The levels of statutory legacy (the amount that surviving spouses or civil partners are allowed to inherit if their spouse/civil partner dies without leaving a will)  were increased from 1 February 2009 to the following: • £250,000 (from...
-
This fact sheet provides guidance for those involved in the development of residential properties whether new builds or conversions of existing properties . On 1 September 2008, the Council of Mortgage Lenders (CML)  introduced new procedures in...
-
In recent years, increased mobility and growing rates of home ownership have meant that ever-larger numbers of people nowadays inherit properties from relatives who lived many miles away. Similarly, many buy-to-let properties have been purchased in areas...
-
When you ask for a redemption statement from your mortgage lender, it can come as an unpleasant surprise to see an additional charge termed ‘mortgage exit administration fee’ (MEAF), which, while it will be shown in the mortgage offer letter, is...
-
The Nil Rate Band For 2007/2008 the nil rate band was £300,000 and this rose to £312,000 for 20/08/2009 and to £325,000 from 6 April 2009. The nil rate band (NRB) is the proportion of your estate which will not be subject to any...
-
To incentivise the use of empty properties, the Government introduced several changes to empty rates relief which became effective in April of this year. Prior to 1 April 2008, all empty properties benefitted from reduced business rates of up to 50% of the...
-
Supplies of land and buildings (e.g. sales and lettings) are usually exempt from VAT which means that no VAT is payable on these transactions, however this also means that the supplier cannot recover any VAT on their expenses. To enable the supplier to...
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.