How Fraser and Fraser Solved a Will Trust Conundrum
In the complex and often time-sensitive world of trusts and estates, the accurate distribution of assets is paramount. When a life interest in a Will Trust expires many years after the deceased’s passing, solicitors frequently face the difficult task of locating beneficiaries who may be unknown to them. The case study details how specialised genealogical research by Fraser and Fraser provided a crucial solution for Nicholas Plumb of Plumb Will and Probate Services, who was tasked with distributing a long-standing Will Trust.
The Challenge
The relationship began at a STEP conference, where Nicholas Plumb specialising in private client law spoke with a Business Development Manager from Fraser and Fraser. The initial connection proved invaluable when Plumb received a complex and challenging enquiry. He was the trustee of a Will Trust in which the deceased has left a life interest to his wife. Upon her death earlier in the year, the remaining funds were due to the deceased’s children.
The core challenge was that the deceased had not named his children individually, referring to them only as a group. This placed the burden on Plumb to identify all rightful beneficiaries. Information was limited: the deceased was known to have been married twice with a total of five believed children. Without a complete and verified list, Plumb faced the significant risk of improper distribution leading to future legal disputes and professional liability.
The Solution
Drawing on their earlier meeting and recognising the need for a definitive and comprehensive family search, Plumb instructed us to conduct a full beneficiary tracing. The firm’s team, of expert genealogists embarked on a meticulous investigation, leveraging their extensive databases, access to public records, and deep understanding of family history research. The objective was clear: to build a complete and irrefutable family tree for the deceased and definitively identify all living children and any descendants who might also be entitled to a share of the trust.
The research confirmed the existence of five children as initially believed. However, the Fraser and Fraser team uncovered a critical piece of information that was entirely unknown to Plumb: one of five children had pre-deceased the life tenant. Furthermore, their research revealed that this child was survived by a son, a grandchild of the deceased. This surviving son was an additional beneficiary who had been completely unknown to Plumb. Highlighting the inherent risk of relying on incomplete family knowledge.
The Outcome
Within an impressive three weeks of instruction, Fraser and Fraser provided a detailed and fully documented report to Nicholas Plumb. The report included a verified family tree, birth and death certificates, and the definitive identification of all living beneficiaries, including the previously unknown grandson. This comprehensive research allowed Plumb to proceed with the distribution with complete confidence, knowing that they had fulfilled their fiduciary duty and accurately identified every entitled party.
Nicholas Plumb shared his gratitude for the professional and effective service:
“I am so glad I invested the time to talk to your chap at the STEP Conference in London. You found beneficiaries I did not even know existed and you have saved me from distributing the Trust fund incorrectly. I cannot thank you enough. I am very impressed with your highly professional and very effective service, and I will definitely use Fraser and Fraser again.”
This case highlights the common difficulty solicitors face when a life interest expires decades after a will was written, obscuring family ties and creating knowledge gaps. By collaborating with a professional genealogical research firm, solicitors can achieve certainty, correctly honour the deceased’s final wishes, and minimise the risk of future legal challenges. This successful collaboration demonstrates the indispensable value of specialised genealogical services in estate and trust administration.
EXPLORE