Part 6 of 8: Beneficiary Tracing: A Guide for Legal Professionals
When Estrangement Is the Reason
Not every beneficiary is waiting to be found. Some know exactly what they are entitled to and want nothing to do with it.
Family estrangement is one of the most common reasons a beneficiary needs tracing in the first place. A parent and child fall out decades ago. Contact stops. When the parent dies, the child is named in the will or entitled under intestacy, but no one in the family has a current address or phone number. Sometimes the estrangement runs both ways. Sometimes it runs deeper than the executor realises.
We have made contact with beneficiaries who were relieved to hear from us. Some are not even aware their relative has passed away. We have also spoken to people who are confused, unsure if the call is legitimate, or simply want nothing from the estate and nothing to do with it. Both outcomes are part of the work. Our job is to make the effort to provide them with the information they are entitled to have, and to respect their decisions if they choose not to engage.
Documenting the Response
When a beneficiary tells us they do not want anything to do with the estate, we document that response in our report. This is not a casual note. It is a recorded outcome that gives the executor evidence of the beneficiary's position. The instructing lawyer can then advise the executor on how to proceed, which may involve a formal disclaimer.
Under Australian law, a beneficiary is not obligated to accept an inheritance. They can refuse by signing a deed of disclaimer, which formally renounces their interest in the estate. A beneficiary who disclaims an interest in an intestate estate is treated as having predeceased the deceased for the purposes of distribution. Their share is then redistributed according to the will or the intestacy hierarchy.
However, disclaimer is not always straightforward. Under the Succession Act 2006 (NSW) s 139(a), a person who disclaims an interest in an intestate estate is treated as having predeceased the deceased for the purposes of distribution. Under the intestacy hierarchy, if someone is treated as having predeceased, their children step into their place and inherit their share. A disclaimer may also have tax implications, and Centrelink may treat it as a deliberate deprivation of assets, which can affect government benefit entitlements. These are matters for the instructing lawyer and the beneficiary's own advisors to work through, but it is important for executors to understand that a verbal refusal over the phone is not the same as a legally effective disclaimer.
This is one of the reasons our reports include detailed records of contact attempts and outcomes. If we speak with a beneficiary and they express that they want no involvement, that information is captured in the report with the date, time, and substance of the conversation. It provides a starting point for the legal process that follows.
Contested Estates and the Human Element
Contested estates add another dimension. Where there is active conflict between beneficiaries, or where one party is challenging the will, the dynamics of the investigation change. The instructing lawyer may have specific requirements about how and when contact is made, or whether contact should be made at all. We take direction from the instructing firm on these matters, because the way a beneficiary is approached can have implications for the broader litigation.
There are also cases where the beneficiary's reluctance is not about the estate itself but about the relationships attached to it. We once made contact with a beneficiary who had been estranged from the deceased's family for years. The associate we spoke with confirmed the beneficiary's identity and connection to the estate, but it was clear the estrangement was deeply felt. The matter resolved, but it was a reminder that behind every trace there is a person with their own history and reasons.
The law does not require beneficiaries to want their inheritance. It requires executors to find them and give them the opportunity to claim it. What happens after that is between the beneficiary and their legal advisors.
In Part 7, we examine what happens when a beneficiary cannot be found at all, and how a properly documented investigation supports the executor in moving the estate forward.
Ready to hire a Skip Tracer? At Skip Tracing Australia, all our skip tracers are licensed private investigators, insured, and highly experienced. We assist law firms, businesses, and individuals with ethical, lawful, and effective location services.
Reach out today to discuss how we can help you locate the person you're looking for.
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