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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

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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