March 15, 2019
Some estate owners die without making or writing any clear Will; therefore their estate should legally pass on to members of their families under the rule of intestacy. Nevertheless, if the family is not closed as expected or have lost contact with one another, they may not believe that they are legally entitled to the estate. Heir Hunter Australia traces and locates people that they believe should be the beneficiaries of the unclaimed estate of the deceased and therefore pursue to reunite them to the unclaimed estate to be claimed legitimately.
Heir Hunters Australia works with government agencies, attorneys, public administrators and guardians, private conservators, trustees and financial institutions to assist and be involved in almost every aspect of estate service. We, therefore:
- Find missing beneficiaries/executors named in a will.
- Identify and locate entitled relatives on intestacy or interested parties on an informal will or de facto letters of administration applications.
- Independently verify family tree information provided by our client to mitigate the risk of errors or omissions.
- Locate birth, death and marriage certificates to prove or disprove kinship for estate administration due diligence.
Legal Issues Around Intestacy;
If no will is found, it is usually presumed the deceased died intestate, that is, without a will.
If you do die without a will (known as ‘intestate’), your estate does not automatically pass to the State (Crown), as is often assumed. The Succession Act 2006 (NSW) sets out the order in which your eligible relatives will inherit your estate. It is only if you die without eligible relatives that your estate will pass to the State.
It is always better to make a will – that way you make your own decisions about who will inherit your estate, rather than having the intestacy rules apply. You can choose to benefit your favourite charity, a friend or a remote relative who may not be included under the intestacy rules. In addition, you will save your family and loved ones a great deal of administrative work, anxiety and pain if you have left a clear will, rather than making them go through the process of establishing themselves as eligible relatives.
As qualified and licensed private investigators, we in Heir Hunters Australia have free and full access to records and data which facilitate our investigations as we are vast in search technology, census records, cemetery lists, vital records, passenger immigration list, local telephone and city directories. Apart from this process, sometimes, our professional genealogists make a family tree so as to untie the difficult genealogical web that comes up in some cases which leads to the legitimate owner of an unclaimed asset.