Probate Genealogy –A Private Client Practitioner’s Secret Weapon

What is Probate Genealogy?

Probate Genealogy is a crucial part of the legal services world, helping Private Client professionals with their workload on a daily basis. Also known as probate research, the core service offerings are locating difficult to find beneficiaries named in wills or establishing and finding the relevant next of kin in intestacy and Court of Protection cases.

Research in this sector can be complex, detailed and often international, as can regularly involve crossing national borders. Case managers simply follow the research, wherever in the world it leads them.

Probate Genealogy is a knowledge industry. It is work undertaken by dedicated and skilled people using both new and more traditional methods. The expertise lies in locating and correctly applying historical records and data to identify individuals, assets, and estates. Over time, a ‘gut feel’ for things develops as knowledge is acquired.

You might think that in this increasingly connected world that we live in, finding beneficiaries would be relatively straight forward, yet this is frequently not the case. On a general level, people forget to update their contact details when they move residence (which happens more often now) and can drop off electoral rolls and other government databases. More specifically, in some instances, people simply do not want to be found and make it difficult to be located.

Intestacies

In cases of intestacy, the work of probate genealogists becomes particularly important as it can often be unclear as to whom is entitled to inherit assets where no valid will is in place to follow. In fact, this is a particularly prevalent issue with industry reports stating that up to two in three deaths in the UK in 2021 was intestate.

The research work carried out checking family trees and verifying entitled beneficiaries can save both probate and Court of Protection professionals a huge amount of time and effort. Probate research really dovetails with the work being undertaken by those in Private Client teams up and down the land; in fact, all over the world.

Court of Protection

A probate genealogist is also able to assist Court of Protection solicitors making Statutory Will applications by verifying the family trees and identifying existing or prospective beneficiaries in a discreet and empathetic manner. A further and often overlooked service that can also be offered by genealogist firms is access to ‘living person’ financial asset searches.

At locally based Anglia Research, we have a wealth of experience in providing help and guidance on Court of Protection cases and are proud supporters of the Professional Deputies Forum.

Unregulated Industry

The importance and relevance of probate genealogy firms is ever increasing, but it surprises many to learn that it is an unregulated industry, with no set entry requirements. Therefore, reputation and professionalism are key, and most firms (though not all) have suitably qualified staff undertaking the research work.

In fact, Anglia Research employ more accredited genealogists, legally qualified and independently regulated staff than any other UK probate research company. We were delighted to recently be awarded the Best Probate Research Organisation of the Year at the illustrious and independent National Paralegal Awards held in Birmingham.

The takeaway message here would be: By using a probate genealogist, a legal professional is effectively ‘outsourcing’ elements of their work – there must be confidence that the work carried out by a genealogist is accurate, to a high standard, and legally sound.

Summary

Probate genealogy is about so much more than just finding missing beneficiaries or reconstructing family trees – other services include assistance with asset reunification, financial asset and bankruptcy searches, Missing beneficiary indemnity insurance, and even assisting with a law firm’s Unclaimed Client Funds obligations.

So next time you are faced with a not-so-straight forward case, do not be afraid to instruct a reputable probate genealogy firm such as Anglia Research to carry out the heavy lifting for you.