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ARTICLE · 14 JULY 2024

What to do when beneficiaries are missing or unidentified?

HHG Legal Group
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An executor to a deceased estate can apply to court for a Benjamin Order, if beneficiaries are missing or unidentified.

AustraliaFamily and Matrimonial
Simon Creek
Simon Creek
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HHG Legal Group, Associate, Amy Dunlop, outlines the possible course of action you can take when beneficiaries are missing or unidentified.

Missing or unidentified beneficiaries? You may need a Benjamin Order

The duties of an executor or administrator (legal personal representative) can sometimes be exhausting and when you finally have the estate in a position ready for distribution, this job can get even more difficult if you cannot find or identify a beneficiary.

A Benjamin Order is a court order that can be applied for in cases where there are missing or unidentified beneficiaries to an estate, allowing the estate to be distributed to the known beneficiaries, without the personal representative fearing they may be held personally liable if a missing beneficiary later comes forward.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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