What to Do When a Beneficiary Cannot Be Found

Why This Problem Arises

Wills are sometimes many years old when the testator dies. In the intervening period, a named beneficiary may have died, emigrated, changed their name, or simply lost contact. In intestate estates, distant relatives may never have known the deceased personally. In either case, the executor faces a legal and practical problem: a share of the estate that cannot be distributed.

Distributing the missing beneficiary's share to other beneficiaries as though they did not exist would expose the executor to personal liability if the missing beneficiary were later found and claimed their entitlement. The executor must take proper steps to protect themselves and preserve the beneficiary's rights.

This guide covers the steps for a beneficiary named in a will who cannot be located. For the specific legal procedures — including paying into court and applying for a Benjamin Order — see our dedicated guides on missing beneficiaries and the Trustee Act and Benjamin Orders.

Step 1: Carry Out Reasonable Searches

Before turning to legal remedies, the executor must make genuine efforts to find the missing beneficiary. "Reasonable" searches typically include:

• Checking the last known address and contacting neighbours
• Searching electoral roll records (available through the local council or commercial database providers)
• Checking social media (Facebook, LinkedIn)
• Searching genealogy databases (Ancestry, FindMyPast) and contacting other family members who may know of their whereabouts
• Checking the death registers — the missing person may have died without anyone notifying the executor
• Publishing a notice inviting the beneficiary to come forward (for example, in the London Gazette)
• Instructing a professional tracing agent — costs typically £100–£500 for straightforward searches, more for complex ones

Document all steps taken, with dates. This record will be required if you later apply to court or seek missing beneficiary insurance.

Option 1: Missing Beneficiary Indemnity Insurance

Where the missing beneficiary's share is relatively modest and good searches have been carried out, a specialist insurer may provide missing beneficiary insurance. The policy indemnifies the executor (and beneficiaries who receive distributions) against claims if the missing beneficiary later appears.

Premiums are typically a percentage of the missing share — often 3–7%. This is usually cheaper and faster than a court application. The insurer will require evidence of the searches conducted.

This is the most practical option for most straightforward cases.

Option 2: Paying Into Court (Trustee Act 1925, s.63)

Under section 63 of the Trustee Act 1925, an executor may pay funds representing a missing beneficiary's share into the court. Once the money is in court, the executor is discharged from responsibility for that share and may distribute the rest of the estate. The missing beneficiary (or their estate) can later apply to the court to recover the funds.

This option is available without obtaining a court order — the executor simply pays the money in following the court's procedure. Court fees apply. For full detail on this procedure, see our guide on missing beneficiaries and the Trustee Act.

Option 3: Benjamin Order

Where the missing beneficiary is believed to have died (but there is no death certificate), the executor may apply to the court for a Benjamin Order — a court direction permitting distribution on the assumption that the beneficiary predeceased the testator or died without issue. This protects the executor from personal liability even if the beneficiary later appears.

See our full guide on Benjamin Orders for the application process, costs, and when this route is appropriate.

What Not to Do

• Do not distribute the missing share to other beneficiaries and hope the missing person never appears.
• Do not delay indefinitely — the rest of the estate should be distributed, with the missing share ring-fenced or dealt with through one of the options above.
• Do not assume the beneficiary has died without evidence — the law requires proper process.

Further Reading

• Estate administration checklist
• Complete UK probate guide
• Applying for probate
• Probate checklist
• Inheritance tax guide 2026–27
• DIY probate vs solicitor costs

Farra helps executors navigate complex estate situations.