Locating Next-of-Kin: A Collaborative Approach

Local Authorities frequently encounter the challenge of locating next-of-kin for deceased individuals. This may arise with unclaimed estate, funeral arrangements, or property management. Traditionally, cases with unknown families were referred to Bona Vacantia authorities. However, collaborative efforts offer a more efficient solution.  

The importance of Next-of-Kin

Identifying next-of-kin is crucial for several reasons. They may:

• Organise funeral arrangements (section 46, Public Health Act).
• Inherit funds held by the Council for deceased service users.
• Facilitate probate for vacant properties enabling their reuse.

Often, the absence of readily available information leads to the assumption that no next-of-kin exists. However, this is statistically improbable. The legal definition of next-of-kin is broad, encompassing spouses, descendants, and extended relatives. Combined with national demographics, the likelihood of surviving relatives remains high.

The Power of Expertise

Probate researchers offers valuable expertise in locating next-of-kin. These specialists employ proven methods and extensive resources, exceeding the capacity of most Local Authorities. Furthermore, these services are often provided free of charge, minimising financial burden.

Increasingly, the public sector is reaching out the private sector for help – representing a progressive approach to next-of-kin searches. Local Authorities leverage expert services, while private firms uphold the Council’s reputation through professional conduct.

Bona Vacantia as a last resort

In the vanishingly small number of cases where a deceased has left an estate but no surviving next-of-kin in any of the eight eligible classes to inherit it, the Bona Vacantia authorities will take an interest. In the absence of any prior claim, will administer the estate in favour of the Crown or either of the Duchies of Cornwall or Lancaster as the case may be.

Industry leaders within Bona Vacantia advocate for minimising referrals emphasizing the role of private sector specialists in locating missing kin. The Head of Bona Vacantia is on the record saying:

“Our position is that over 80% of estates referred to GLD each year not Bona Vacantia, we should aim to give up the Crown’s interest in such estates as quickly as possible. Ideally, of course, our preference would be that these estates are not referred to here in the first place as it is not appropriate that GLD is used as a tracing agent for missing kin or executors. Furthermore, it is our view that before anyone refers an estate to GLD they should be as sure as they can be that the state is, in fact Bona Vacantia.”

By utilising a collaborative approach and embracing the expertise of the private sector, Local Authorities can efficiently locate next-of-kin ensuring proper estate management and optimal outcomes for all parties involved.

How we can support

Our clients include Public Sector departments, legal professionals and beneficiaries – who rely on us to trace missing heirs and beneficiaries to unclaimed estates and derelict properties.

Probate research is the process of identifying, locating and tracing missing beneficiaries. Our task as probate researchers consists of:

• tracing people who are entitled to a share of an estate
• locating a person who has been named in a will but cannot be found
• delving into the family history of the deceased who has no will, and find their next-of-kin.