Probate Dilemmas: Finding A Beneficiary Could Cause Delays Of More Than Nine Months

·         Probate lawyers have seen a 37 per cent increase in the number of families struggling to track down beneficiaries of an estate

·         In 31 per cent of cases in the last 12 months there was an issue that delayed settling a deceased person’s estate

·         There were 8,384 cases of unclaimed inheritance recorded by the UK Government in February 2020

New research amongst probate lawyers from Direct Line Life Insurance1 reveals that almost a third (31 per cent) of cases in the last 12 months have faced delays in closing an estate.

 

The most common reasons causing issues when settling an estate were; one or more of the listed beneficiaries could not be found (33 per cent), there were difficulties proving the relationship with the beneficiary and the deceased (29 per cent) and the executor of the will had passed away (16 per cent).

If one of these issues arises it could delay the estate being settled by as long as a year. Finding the relevant assets and being unable to find one or more listed beneficiaries is likely to delay the process by more than nine months. The process could face a delay of more than eight months if the if someone contests the contents of the will or if the will wasn’t properly written, as the solicitor will need to prove the relationship between the beneficiary and the deceased.

Table one: Average delay to probate process and reasons for delay

Response

Average time in months

One or more listed beneficiaries cannot be found

9.8

Finding all the relevant assets

9.2

Someone contesting the validity of the will

8.8

Proving a relationship between a beneficiary and the deceased

8.7

The executor of the will has died

8.7

The will wasn’t professionally written

8.6

Paying the inheritance tax bill

8.1

Tracing family members if the deceased did not leave a will

8.1

Couldn’t locate the will

5.6

Source: Direct Line Life Insurance 2020

 

Probate lawyers report that they have seen a rise in these types of issues, especially increased difficulty tracking down beneficiaries, this is predominantly down to families seeing each other less regularly (47 per cent), children and parents taking different surnames (23 per cent) and families falling out with each other more often (17 per cent).

Further research from Direct Line Life Insurance2 found that there were 3,086 cases of unclaimed inheritance which were more than 20 years old, with the oldest being 46 years old and listed on 6th June 1974. Overall, there were 8,384 cases of unclaimed inheritance recorded in the UK in February 2020.

 

Table one: Analysis of unclaimed inheritances 

Region

Count

UI per 100,000

Percent

London

2,701

30.3

32.2%

South East

1,510

16.5

18.0%

East

788

12.7

9.4%

Yorkshire & Humber

702

12.8

8.4%

West Midlands

679

11.5

8.1%

South West

618

11.0

7.4%

East Midlands

457

9.5

5.5%

Wales

335

10.7

4.0%

Other

241

n/a

2.9%

North West

199

2.7

2.4%

North East

154

5.8

1.8%

Grand Total

8,384

14.2

 

Source: Direct Line Life Insurance 2020

 

The number of unclaimed inheritances that are listed per month is increasing, with a 24 per cent increase today compared to 20 years ago and a 13 per cent increase from 10 years ago. On average there was an equivalent of just under one unclaimed inheritance listed per day in 2019.

 

Chloe Couper, Business Manager at Direct Line Life Insurance, commented: “Organising probate can be a very stressful time for families and relatives who have lost a loved one. This situation can be exacerbated by issues which cause unnecessary delays to the process. This research highlights the need to discuss these complex issues with family members and for them to ensure that a will is written at an appropriate time, helping to reduce the likelihood of these issues arising.

“We would recommend that anyone going through this process checks their, or their loved one’s, life insurance policy, as they may be in a position to receive a lump sum which would help ensure legal fees and funeral costs are covered while any probate issues are resolved.”

 

     - ENDS -

 

Notes to Editors

1.         Research conducted by Pure Profile among 100 probate lawyers in the UK

2.         Analysis of Gov.co.uk data as of the 27th February 2020 on unclaimed inheritance accounts in the UK https://www.gov.uk/government/statistical-data-sets/unclaimed-estates-list

For further information please contact:

Claire Jarrett

PR Manager

Direct Line Group

Tel: 01651 832 411

Email: [email protected]

Alannah Sims

Citigate Dewe Rogerson

Tel: 0207 025 6563

Email: [email protected]  

 

Direct Line

Started in 1985, Direct Line became the first UK insurance company to use the telephone as its main channel of communication. It provides motor, home, travel, pet and life insurance cover direct to customers by phone or on-line.

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