Inheritance - Genealogy firm (heir hunters)

[MazzyS]

A relative of mine looks like they may inherit from an unknown distant relation, who left no will. The other beneficiaries (all cousins) have been contacted by a genealogy firm, that have got them to sign up with them & apparently they take a 30% take of the inheritance!! My relative is unsure whether they want to sign anything. One cousin told my relative that they have signed on his behalf, but surely this can't be possible? Does anyone whether my relative is obliged to go through the genealogy firm, or can they claim seperately? He is obviously concerned as he does not want to miss out. Any advice would be appreciated.

[Ethel]

This sounds like a right royal scam to me. Has he been told how much he stands to inherit and the name of this relative?

Has he seen the will?

Nobody can sign on his behalf, by the way, unless they have been authorised to do so.

[Barmaid]

This is common and generally not a scam. Professional genealogists search the Times and the Court Register for estates that have been given to the Crown under bona vacantia. They then research the family tree and find relatives. They contact the Crown and explain that there are relatives who would take. Once the Crown has accepted the claim (normally on production of a family tree) they then contact all the beneficiaries. Fees are anything from 10 to 40% of the inheritance.

The administrator of the estate will need to be one of the cousins (the genealogy firm normally do all the paperwork). The cousin is obliged to pay the money out to all those he knows a claimants. So even if the claimants have not "gone through" the genealogy firm, if the cousin acting for the estate knows of your relative's existence, he is obliged to pay him his share.

As far as someone signing on your relative's behalf is concerned, this is only possible if the relative was the executor or administrator of a person who died AFTER the deceased in question (these are often many years old) and thus your relative and the signatory actually inherit through the second to die's estate rather than through intestacy.

[MazzyS]

Does that mean that the genealogy firm should contact my relative directly & not go through a third party (another cousin, who is apparently acting as administrator)?
Do the firm take their cut of the whole amount, then divide it between the beneficiaries, or do they just take a cut from each beneficiary who has signed up directly with them? My relative is quite anxious, obviously doesn't want to miss out and get nothing, but is a bit miffed about having to pay a huge amount out to someone he has not directly made a contract with.
The cousin working as administrator is aware of my relative, so from what has been said so far, he should get his money. However, will the genealogy firms commission be taken out of it, even though my relative hasn't agreed to this (yet).
I am finding this quite confusing - hope someone can clarify for me.

[CheekyChops]

How can he be miffed at paying some commission on money he wasn't expecting anyway? Anything he receives will be more than he was expecting!!

And maybe I can't add up properly but I'm pretty sure that 30% of the whole amount or 30% from each beneficiary will add up to the same whichever way you do it.

[pauln90]

Why not get together with your relatives and present the claim yourselves.

See the government website for further info

http://www.bonavacantia.gov.uk/default.asp?pag eid=1304

[Eve]

There are a few firms around, try googling probate geneaology.

This is useful...

http://www.fraserandfraser.com/uk/heirs/index. html#more

It also has a section on doing it on your own (as in you can! also backed up in the Costs section)...

http://www.fraserandfraser.com/uk/heirs/alone. html

[Eve]

This is useful...

http://www.fraserandfraser.com/uk/heirs/index. html#more

You can do it yourself and don't have to contract or pay them (as evidenced in the Do It Alone and Cost sections.

You can google probate geneaology for more info.

[jessiedog]

An example would be this

The genealogy company researches and finds 4 cousins to an estate of eg �4000. Each cousin is entitled to an equal share - �1000. The company wants each cousin to sign up to pay 30% so the breakdown of the estate would be - each cousin �700 - the company �1200.

However, if one cousin does not sign up with the company, he is still legally entitled to his share = �1000. The breakdown is then 3 cousins �700 each - one cousin �1000 - the company �900. Hard luck on the 3 cousins signed up and the company.


The genealogy company knows the risk that they may not receive any compensation for their investigations, they are betting that they will get at least a share. The cousins that sign up should do so of their own free will. No one can make another individual sign up to this against their will. The other cousins cannot sign on ones behalf - this is fraud. Also no one should feel guilty about their own decision.

The decision must be made according to each persons concience

[Barmaid]

Sorry Jessiedog but I disagree. If the cousin who signed "on behalf of" another cousin was actually the administrator or executor of a person who died after the deceased in question, that cousin can sign in his role as personal representative of the estate (and will have the effect of binding the second deceased's estate to the agreement with the genealogist and the fee will be deducted from the "estate's" share). Technically, they are signing up on behalf of the estate rather than on behalf of the other relatives who benefit from that estate - although the effect is essentially the same.

[MazzyS]

I think that JessieDog's answer is probably more relevant to my relatives situation. We are not aware of the cousin being an administrator, acting on behalf of a second person who has since died (after the initial unknown cousin). As far as we know there are just the cousins surviving and no one else.
If the genealogy firm have already applied to the Crown and shown a family tree, can my relative still make a seperate claim & who to?
I am finding it a bit difficult to help out properly as I am currently not in the UK.

[jessiedog]

Hi Barmaid

I was just replying to the question which did not seem to have any administrator, just a bunch of relatives. I would not dare comment on the legal side as I have no qualifications or experience. I was just providing an easy to understand scenario. We do not know if it is an estate from a second to die situation.

I was more prompted to reply following cheekychops answer as 30% of something is not necessarily the same as 30% of the same amount in a different situation.

I think that my comment in this case is valid that another person cannot sign on your behalf.

[MazzyS]

Thanks to Jenna 1978 for the Fraser & Fraser links, they have been quite useful.
Cheers

[michaelmas1]

signed with Fraser and Fraser 4 years ago. Agreeing to their % of 1/3. They do not return phone calls on enquiring of progress, either on holiday or busy