How to Find Missing Beneficiaries When There Is No Will

Handling the estate of a deceased loved one is never easy, and the challenge increases when there is no Will and missing beneficiaries. This guide provides a step-by-step approach to navigating this complex situation in Singapore, ensuring you understand the legal processes and options available.

When There Is No Will: The Intestate Succession Act

When someone dies intestate (without a Will), the next-of-kin can apply for Letters of Administration. This legal document authorises a person to manage and distribute the deceased’s estate. The application is submitted to the court, and once approved, it grants the applicant the authority to administer the estate according to Singapore’s Intestate Succession Act.

🚨*”But What Happens When the Beneficiaries Cannot be Found?”*

This is a common issue that can complicate the administration process. The following steps outline the actions you can take to locate missing beneficiaries and ensure the estate is handled appropriately.

Step 1: Conduct Thorough Searches

To locate missing beneficiaries, the next-of-kin should:

• Use Public Notices or Social Media

  Advertise on news websites like The Straits Times Online, TODAY Online, or Channel NewsAsia to reach a broader audience. Keep in mind that advertising on these platforms often incurs a fee.

  Additionally, leverage social media platforms such as Facebook or LinkedIn, especially within community groups that align with the missing person’s last known location in Singapore. Social media can be a powerful tool to spread the word quickly and reach a wider audience at little to no cost.

• Hire Private Investigators

  If the beneficiary’s last known address is outdated, hiring a private investigator can be effective. There are agencies in Singapore that specialise in locating missing persons, offering services to trace individuals efficiently.

• Conduct Genealogical Research

  Utilise genealogy websites like Ancestry.com or MyHeritage to trace family connections. For local records, the National Archives of Singapore and the Immigration and Checkpoints Authority (ICA) can provide access to public records and family registers that might assist in finding unknown heirs. You might want to also utilise resources from the Genealogy Society Singapore, you may find answers where you least expect it.

Step 2: Document All Efforts

Keep detailed records of all attempts to contact missing beneficiaries. This documentation is crucial if you need to seek court intervention later. It demonstrates that reasonable efforts were made to locate the beneficiaries.

Step 3: File a Missing Person’s Report

If a beneficiary is uncontactable and there is genuine concern for their safety, filing a missing person’s report with the police may be advisable. This is particularly relevant if the beneficiary has not been heard from for several years and has no known current address.

Step 4: Seek Court Intervention

If beneficiaries cannot be located despite reasonable efforts, apply to the court for directions. The court may provide guidance on distributing the estate or suggest further steps to locate the beneficiaries. In some cases, the court may issue a presumption of death if a beneficiary has been missing for a significant period, typically seven years.

Step 5: Distribute the Estate

If beneficiaries cannot be found, the estate may be distributed according to the Intestate Succession Act, which outlines the hierarchy of beneficiaries based on their relationship to the deceased. If no beneficiaries can be located, the estate may eventually be considered “bona vacantia”, meaning it passes to the state.

What is Bona Vacantia?

In situations where there is no Will and no surviving next-of-kin, the estate may be classified as “bona vacantia” (ownerless goods).

The Public Trustee’s website provides guidance on how to claim such estates. Eligibility to claim is open to anyone, including charities, but claimants must provide evidence that they have an equitable or moral claim over the estate and that there are no surviving next-of-kin eligible to inherit under the Intestate Succession Act. The Public Trustee assesses claims based on the relationship to the deceased, legal or moral obligations, and contributions to the deceased’s welfare.

To learn more about bona vacantia and what happens when there is no Will or next of kin, read our full article here.

Common Scenarios Involving Missing Beneficiaries

• Uncontactable Family Members: Family members entitled to a share of the estate may not be reachable due to outdated contact information or estrangement.
• Beneficiaries Living Abroad: Locating beneficiaries in different countries can be challenging due to language differences and varying legal systems.
• Unknown Heirs: The deceased may have children or relatives unknown to the immediate family, complicating the search.

How Guardian Law Can Help You

At Guardian Law, we specialise in estate planning and administration, including navigating the complexities of missing beneficiaries.

Our team can assist you in:

• Applying for Letters of Administration: We guide you through the application process, ensuring all necessary documentation is prepared.
• Conducting Searches: We can help in locating missing beneficiaries through various methods, including engaging Private Investigators (PIs), public notices and genealogical research.
• Claiming Unclaimed Monies: Our legal experts can assist in identifying and claiming any unclaimed funds that may belong to the estate.
• Managing Bona Vacantia Claims: If the estate is classified as bona vacantia, we provide guidance on how to make a claim and navigate the process with the Public Trustee.

Conclusion

Navigating estate administration without a Will can be complex, especially when dealing with missing beneficiaries. Understanding the legal processes and taking appropriate steps can help manage these challenges effectively. If you find yourself in such a situation, seeking professional legal advice is crucial.

Need Help?

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Frequently Asked Questions

How can I locate missing beneficiaries in Singapore?

You can use public notices, hire private investigators, and conduct genealogical research to locate missing beneficiaries.

What should I do if I cannot find any beneficiaries?

Document all search efforts and consider applying to the court for directions or involving the Public Trustee if beneficiaries remain untraceable.

What happens if the estate is considered bona vacantia?

If no beneficiaries are found, the estate may be classified as bona vacantia, and claims can be made through the Public Trustee by interested parties.

How long does it take to process a Letter of Administration?

It typically takes two to three months to process, but the duration may vary depending on the case's complexity.

What are common challenges in finding beneficiaries living abroad?

Challenges include language barriers, differing legal systems, and difficulties in tracing addresses across countries.