Inheritance | Glossary | Frequently Asked Questions
INHERITANCE
We work in many different countries and
inheritance law differs from jurisdiction to jurisdiction. In the 1920's
English law was simplified to allow inheritance in intestacies only as
far as first cousins or descendants of first cousins. The late Dorothy
L. Sayers in one of her early Lord Peter Wimsey mysteries mentioned this
change in the law when the whole point of the motive for the crime depended
on whether the victim's estate could legally pass to the murderer if the
victim died after the Inheritance Act. Previously, it was true that an
inheritance could pass back along a family line to third-fourth or even
more distantly related cousins. However, the further back you go the more
difficult it is to prove a legal bloodline.
Although this is the law in England, that
doesn't hold true for other countries. In some American states, provided
a relationship can be proved by documents, the heir can be a second cousin
or someone even more remote.
Please click here
for a Genealogical Chart outlining family relationships to first cousins.
Even in the UK, the law can often intrude
into genealogical research. For example, some time ago we were researching
the family of a middle-aged lady. When we went to her house to ask the
neighbours what they knew of her one of them said: "She never spoke
about her family but there's one person who could help you - her husband"
No one knew at that time that her husband had survived her and he of course
would have been entitled her estate.
Maybe the case would be easier than we had thought. "Where is he?" we asked. "In Dartmoor Prison. He murdered her!" And of course, by law if he was found guilty of her murder, he couldn't profit by his crime and we had to carry on our research. We did incidentally speak to the husband in Dartmoor and he was very happy to tell us all he knew of his wife's family…
GLOSSARY
Administrator
A person appointed to manage the estate
of a person who has died without leaving a valid will.
Genealogy
Genealogy is the study and investigation of family history. This involves
tracing lines of descent from common ancestors to living members of a
family.
Intestate
When a person dies without having made a will describing how they
want their property to be disposed.
Next-of-Kin
The next-of-kin represent the closest family members of a deceased person
able to make a claim on their estate.
This relationship is defined by law and depends on the
jurisdiction of the estate. Please see our genealogical
tree chart for a graphical explanation of family relationships.
Will/ Testament
A written document that outlines how a person wishes to have their
property and personal possessions distributed at the time of their death
FREQUENTLY ASKED QUESTIONS
Below is short list of questions and answers organised under general categories. If you cannot find your answer here, please do not hesitate to contact us and we will endeavour to answer your query
About who can claim an inheritance?
- Who can claim an inheritance if a person dies
without having written a will?
- Do I have to share any inheritance with other
relatives?
About who is involved?
- Are you hired by the government to undertake your
investigations?
- Who is the administrator and what do they do?
- Do I have to use your services or can I put forward my own claim
to an estate?
About the size of the estate?
- What is done with the personal assets of the
deceased such as real estate, furniture, jewellery etc.?
- Is any interest paid to the estate?
About our working practices and how long the process
takes?
- How long will it take for me to receive any money?
- Why can't you divulge the name of the deceased?
- Can you give me names and addresses of other members
of my family that you have found?
About the cost?
- How much do you charge to find a beneficiary?
- Do I have to pay you for your research if my claim is
not successful?
Short Answers
Who can claim an inheritance
if a person dies without a will?
Legislation in England and Wales, recognises the claims of a spouse, children
and other blood relatives -up to first cousins once removed. Please see
our genealogical
tree chart for a graphical explanation of family relationships.
Nevertheless, the law in foreign jurisdictions can be very different and in such cases it is best to contact us for further information.
Do I have to share any inheritance
with other relatives?
Yes, if there are other relatives who have a similar family relationship
to the deceased.
Are you hired by the government
to undertake your investigations?
No, we do not engage in work for any
government department. In the event that no next-of-kin are found, it is common practice amongst governments across the world to
expropriate those assets. Therefore, private companies like Celtic
Research undertake the task of finding missing heirs at their own risk.
Who is the administrator
and what do they do?
The administrator is responsible for making sure that the estate of the
deceased is distributed lawfully. They oversee the payment of debts & tax and
approve the accounts to show how much money is available for distribution.
The administrator can be a family member, a lawyer, a banker, or any trustworthy
person of legal age.
Can I put forward my own claim
to an estate?
Yes, you have every right to carry out
the necessary research and put forward your own claim to a decedent's
estate -providing you can produce the relevant proofs to satisfy the
solicitors administering the estate. However proving your own claim can be
a lengthy, difficult and often expensive task. You can repair your own
car, or even lay the tiles in your kitchen, but it is often better to
leave that job to a professional. Celtic Research executes all the research
and ancillary work necessary, thereby ensuring speed, efficiency
and accuracy.
What is done with the personal
assets of the deceased such as real estate, furniture, jewellery etc.?
All the
deceased's assets, including personal items, are sold at market value
enabling the inheritance to be divided equally
amongst all next-of-kin.
Is any interest paid to the
estate?
Normally interest accrues to an estate during the time that funds
are placed in a bank account prior to distribution. There are instances
where interest can only accumulate for a set number of years. Everything
depends on the original jurisdiction involved. Contact
us for further details.
How long will it take for me to
receive any money?
It is difficult to estimate the length of time it will take for any
given estate to reach the distribution stage, but it can take between 6-12
months from the time we begin to process your claim. The time it takes
varies given on number of factors such as, legal complications,
missing/destroyed records and other events that can prevent an estate from
being distributed more quickly.
Why can't you divulge the name of
the deceased?
We will have taken a lot of time and trouble in order to find the
rightful next of kin and in order to safeguard our fees (which of course
are only recovered if we successfully prove the claims of those next of
kin) we reserve the right not to identify the deceased until we have
contracts or agreements from all of the potential heirs.
Can you give me names and addresses
of other members of my family that you have found?
If you would like, we are happy to forward your
details to other members of the family, but we cannot give you their contact
details without their permission.
How much do you charge to find
a beneficiary?
Please refer to Fees and contact
us for more information.
Do I have to pay you for your research
if my claim is not successful?
No. You do not have to pay us for our research costs. We bear the
risk in every case. Please refer to Fees.
