Probate Researchers – Colin Blackburn’s Estate.

A recent episode of the YouTube series ‘Lineage’ showcased the work of probate genealogists and researchers Fraser and Fraser. The work of probate researchers consists of locating missing heirs who are entitled to benefit from an estate.

This particular episode was dedicated to the late Colin Blackburn, who passed away in 2022 in Liverpool. Those handling Colin’s estate were unable to locate a will. As a result, the estate was deemed ‘intestate’ and needed to be distributed in accordance with a legal framework known as the rules of intestacy.

The first to benefit under the rules of intestacy would be a surviving spouse or civil partner, followed by any biological or adopted descendants (children, grandchildren, great-grandchildren). Where the deceased is not survived by any immediate family, the rules then extend outwards to more distant relatives such as parents, siblings, nieces and nephews, aunties and uncles and in some cases even cousins or second cousins. Whilst every family dynamic is different, this hierarchy of entitlement demonstrates how the intestacy rules are designed to trace the bloodline as far as necessary in order to locate living relatives, however remote these relatives may have been from the deceased.

In the case of Colin Blackburn, the probate solicitors were unable to locate any immediate family in the first instance. The genealogists were therefore tasked with trawling through archived files held by local authorities, where they eventually located an adoption record for Colin. This then facilitated the tracing of Colin’s adopted family, which then uncovered a substantial family tree. The probate genealogists uncovered over 130 heirs who were entitled to benefit from Colin’s £250,000 estate under the rules of intestacy. The beneficiaries were located all over the world, with some as far as Canada and New Zealand.

If no living relatives were capable of being traced after reasonable attempts to do so, Colin’s estate (including his property and other cash assets) would have eventually reverted back to The Crown Estate as ownerless property (known as ‘bona vocantia’).

The case study of Colin Blackburn illustrates how intestate estate administration can easily become complex and expensive, not only where distant beneficiaries are located across the globe, but also where third parties such as probate genealogists are required to undertake this investigative element.

This episode acts as a powerful reminder of the importance of making wills, even where you may deem your estate to be of lower value or there may not be a person in mind whom you wish to benefit specifically.

Not only should the creation of wills be promoted, but more specifically the creation of valid and formally executed wills, as similar issues could arise if beneficiaries are not correctly identified or are unable to be located prior to distributing the estate. A valid will formalises the administration process and ensures those handling your estate after your death are aware of your wishes.

Whilst probate genealogists are tasked with chasing down long-lost relatives, our work in the Private Client Team aims to ensure that such complications are minimised, by listening to your objectives and assisting with careful will drafting and legally binding execution.