When Beneficiaries Disagree or Cannot Be Traced

Estate matters rarely stall on the law. They stall on people: a beneficiary who cannot be reached, one who does not agree, or one who dies before the estate is resolved.

Notice to every beneficiary is required

Whether through a small estate or through the courts, every entitled beneficiary must be given notice. This is not a formality. A distribution order made without proper notice is exposed to challenge afterwards.

Where a beneficiary cannot be traced

The application does not necessarily stop. What changes is how notice is effected and what evidence of the search has to be produced. That adds time, and it is one reason estate matters run longer than families expect.

Where a beneficiary objects

Disagreement is usually about who administers, whether the property should be sold or kept, or what the shares should be. These can be brought to a hearing and decided.

In many of the matters we see, the most practical resolution is a written agreement among the beneficiaries about what happens to the property after distribution, negotiated before the application is filed rather than after.

Where a beneficiary has died

Their share passes into their own estate. A second estate then has to be resolved before the first distribution can be completed.

This is the main reason delay is expensive. Each further death adds another application, another set of documents, and another set of beneficiaries to identify.

Frequently asked questions