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09 June 2011 / Daniel Curran
Issue: 7469 / Categories: Features , Wills & Probate
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Location, location, location

Daniel Curran reports on the complexities of cross border searches

Tracing beneficiaries is not only time consuming but fraught with challenges and difficulties, especially where the search for a beneficiary takes the practitioner to beyond the English and Welsh borders. While it may be tempting for a solicitor to resort to online search engines and phone books to begin this process, the likelihood is that they will quickly find themselves in a complicated and tangled web of foreign privacy laws, language barriers and previously undiscovered beneficiaries. These challenges not only result in labour intensive investigations which quickly drain resources, but require specialist expertise in order to trace entitled persons across borders, time zones and jurisdictions.

Scottish & international searches

Unlike English and Welsh intestacy law, in Scotland when a person dies intestate, the estate is distributed according to the eldest degree of kin. Consequently, where there are no surviving aunts, uncles or grandparents, the estate could pass to descendants of great-grandparents, throwing up any number of beneficiaries.

In the event therefore, that a solicitor’s search leads them to Scotland, they could be faced with

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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