Missing Beneficiary Insurance

Insuristic is the first insurance broker in the UK to offer Missing Beneficiary Insurance quotes online to both personal representatives (lay administrators) and solicitors. 

  • Get a quote and buy online in 2 minutes or less.
  • The policy cover runs forever.
  • No Excess to pay in the event of a claim.
  • Costs can be reclaimed as an estate expense.
Family tree showing known beneficiaries and several unknown missing beneficiaries

What is Missing Beneficiary Insurance?

Missing Beneficiary Insurance protects personal representatives (i.e. administrators in intestacy cases, which is where the cover is commonly required) and beneficiaries against claims from beneficiaries who were unknown when the estate was distributed.  It is also possible to insure against claims from a known beneficiary who couldn’t be found. 

It is an important cover for intestate estates as the rules of intestacy are complex and could mean there are many beneficiaries to consider.

The policy provides cover up to the level of indemnity for:

  • Legal defence;
  • Legal expenses;
  • Awards to a third party.

This page explains what you need to know. Use the contents menu to jump to the section you need.

Contents

What is the risk of not having Missing Beneficiary Insurance?

A claim from a missing beneficiary can arise at any point in the future, and it can be significant, particularly where the claimant is entitled to a substantial share of the estate.

As the personal representative (i.e. the administrator in an intestate estate), you are responsible for identifying everyone entitled to inherit under the rules of intestacy and distributing their share correctly.

If a beneficiary who wasn't accounted for comes forward after the estate has been distributed, the personal representatives are legally liable to defend the claim and settle with a successful claimant.

If the personal representatives don't have sufficient funds after using all their cash and disposing of assets, the beneficiaries can be drawn into the claim and asked to repay some or all of their inheritance to settle the missing beneficiary's share.

Missing Beneficiary Insurance is therefore an important policy to protect the financial future of the personal representatives and protect the beneficiaries' inheritance, which is why it is also a reasonable estate expense. 

Get a quote from Insuristic and arrange one policy in 2 minutes (after some important risk-management steps explained below). There is no excess to pay either; if a claim comes in, the insurer handles everything, so everyone involved can move on with the comfort of cover in place that protects them forever.

Not sure where to start?

Many people who land on this page are concerned about other risks and which policies they might need. 

If you're not sure what you need, start with one of the guides below.  

Each guide discusses the risks and the cover available, tailored to the estate's situation, and it usually helps to have a full view of your risks before starting a quote.

Missing Beneficiary Insurance is one cover most administrators of an intestate estate should consider. If the estate is testate (i.e. there is a Will), it is rarely needed unless the Will is ambiguous as to who should inherit, e.g. stating each child could inherit, rather than naming them, or perhaps there is a known beneficiary that can't be found. 

Come back here when you're ready, or keep reading if you'd like to learn more about this cover

What is required prior to arranging Missing Beneficiary Insurance

Whether you choose to insure or not, your obligations mean tracing anyone who could inherit from the estate, some of whom are family members whom you have never met or know nothing about their whereabouts.

Even with careful searches, you cannot be certain that someone won't surface later.

This is why you should appoint a probate genealogist to help you research who can inherit and assess the risks.  This will also be a prerequisite for Missing Beneficiary Insurance.  The genealogist should specialise in probate, as this is not the same as researching a family tree for informational or curiosity purposes.  A specialist will assess the estate against the rules of intestacy and the risk of a missing beneficiary.  They can even help you find missing people.

All Missing beneficiary underwriters will require sight of a genealogy report prior to quoting.  This isn’t necessarily the case with Insuristic.

How Insuristic is different to our competitors

You will not find Insuristic's policy and approach anywhere else.  We wanted to make Missing Beneficiary Insurance more accessible and easy to arrange, so we designed our solution to be different (in addition to you being able to arrange online):

  1. Support for estates under £350,000: We recognise that for smaller estates, the cost of the report can be a challenge and impact the affordability of also buying insurance. This is why we will quote for an estate of this size, provided you have a verified family tree produced by a specialist genealogist confirming there are no issues to investigate.
    1. We can help you get a family tree verified for free. Visit our probate genealogist page to arrange this.
  2. Estates over £350,000: a genealogy report is required, but if it shows there are no known issues, we don’t need to see it. You can arrange insurance online, but make sure to keep a copy of the report with your policy.
  3. Escalator clause included as standard: inflationary protection for the first 10 years of the policy (more on that below).
  4. 50% discount if 4 policies are purchased: If you also insure Missing Will, Early Distribution and Section 27 Insurance you will save 50% off the premium in return for buying all 4 policies.

How to consider the level of indemnity on a Missing Beneficiary Insurance policy

Only the personal representatives can decide the level of indemnity, as you know the estate best. As a guide, work it out like this:

  1. Start with the gross value of the estate.
  2. Deduct the liabilities: debts, the mortgage, funeral costs, and any other liabilities you find, to reach the net estate value.
  3. Add an allowance for future legal costs. The policy will pay out up to the level of indemnity, including legal costs, expenses and awards to a successful claimant, so you need to add an allowance on top. You don't want a claim in two years, and the indemnity isn't high enough to cover the loss, leaving you with a shortfall.

The policy does have some built-in protection against inflation, called the escalator clause.

It is an important policy extension, as inflation will gradually increase the risk of underinsurance. To counter this, our policy automatically increases the indemnity by up to 5% compound each year, for the first 10 years of the policy, up to a maximum of 125% of the estate value.

We include an escalator clause as standard; some underwriters do not, so it is worth checking your quotes prior to purchase.

If in doubt, it is always better to over-insure. You can easily compare prices by quoting at different indemnity levels, without releasing information each time. That way, you can compare costs and consider the benefits of the chosen indemnity level.

How Much Does Missing Beneficiary Insurance Cost?

The cost of Missing Beneficiary Insurance will vary depending on the size of the estate and how the estate is being administered.

Provided there are no known missing beneficiary issues, our cover starts from the following minimum premiums (including Insurance Premium Tax):

  • £98 where a solicitor is handling the full estate administration.
  • £119 where a solicitor has applied for the Grant only.
  • £140 where the personal representatives are carrying out the work entirely themselves.

The premium differential represents the value of legal advice involved during the application and administration process.

For a relatively modest cost, the policy provides significant peace of mind forever and has no excess to pay in the event of a claim.

Please note:

  • If there are known missing beneficiaries, we should be able to help following a referral to the underwriter. As a starting point, disclose the issues during the quote journey, include the genealogy report and family tree when asked at the quote stage (or you can provide later). Your quote will refer, and we will discuss with the underwriter and come back to you, usually within 48 hours.

What is insured on a Missing Beneficiary Insurance Policy?

  • Financial losses the insured (i.e. the personal representatives and the current beneficiaries) incurs due to an unknown beneficiary coming forward once the estate has been distributed;
  • The cost of any settlement made out of court to an unknown or missing beneficiary;
  • The cost of taking or defending any action in respect of an unknown or missing beneficiary's claim to a share of the estate after distribution;
  • any other costs and expenses you incur with the Insurer’s written consent because of an insured risk
The insurer could refuse to pay a claim for the following reasons:
  • Any loss arising from a matter which the insured party was aware of at the Inception Date;
  • If the insured takes steps to trace a missing beneficiary after the inception date;
  • Any loss arising from the later discovery of a will after the inception date of the policy;
  • the beneficiary is making a claim under the Inheritance (Provision for Family Dependants) Act 1975;
  • the insured party confirming a statement of fact which the insured knew or could reasonably have been expected to know was not true;
  • the insured party makes a claim knowing that it is false or fraudulent;
  • the insured party discloses this policy exists to another person.

Cover restrictions to be aware of

The insured party will not, without the written consent of the Insurer:
  • disclose the existence of this policy, other than to your respective Legal representatives
  • communicate on any matter regarding an insured risk with any party who, it is reasonable to believe, may have an interest in enforcing an insured risk;

Making a Claim on a Missing Beneficiary Insurance Policy

If an unknown beneficiary comes forward after the estate has been distributed, the most important thing is not to acknowledge this and contact the insurer straight away. Their contact details are in your policy documents.

Also:

  • Do not admit liability or discuss it with anyone making the claim. Simply pass the beneficiaries' details to the insurer and let their claims team take over.  There is nothing else for you to do from this point.
  • Your policy sets out the full claims conditions. It's important to read and follow them, as a breach could result in the insurer rejecting the claim or reducing what it pays.

What other policies can Missing Beneficiary Insurance be combined with?

Missing Beneficiary Insurance can be bought on its own, or combined with the other probate legal indemnity covers in a single quote.

If you also request a quote for the following policies at the same time, you will receive a 50% discount on the premium in return for combining 4 policies:

  • Missing Will Insurance - protection should a Will be discovered that was not considered during the application or estate administration process.
  • Early Distribution Insurance - covering Inheritance (Provision for Family and Dependants) Act 1975 claims, whether distributing the estate early or not.
  • Section 27 Insurance - covering claims from unknown creditors after distribution

Lastly, if there is still property in the estate, you should separately consider adequate probate property insurance to protect yourself from the risk of gaps in cover and underinsurance.

Frequently Asked Questions

Under Section 22 of the Limitation Act 1980, a beneficiary generally has 12 years from the date their right to receive their share arose to bring a claim to recover it, whether the estate was testate or intestate.

However, 12 years is not an absolute cut-off. The limit can be removed in cases involving fraud, and the clock runs from when the right to the share of the estate arose, which is not always the date of death. This is why Insuristic’s Missing Beneficiary Insurance is written to run in perpetuity: it gives the personal representatives and beneficiaries certainty forever.

It is primarily for administrators of intestate estates who need to protect themselves and the beneficiaries against the risk of a missed beneficiary coming forward to make a claim after the estate's distribution. It is also worth considering for a testate estate where the Will is ambiguous about who inherits, or where a named beneficiary cannot be found.

The policy runs in perpetuity, meaning it is a one-off purchase with no expiry date. That matters because a claim from a missing beneficiary can arise years after the estate has been distributed, so cover that lasts forever gives the personal representatives and beneficiaries lasting peace of mind.

It is built-in protection for Insuristic customers to guard against underinsurance caused by annual compounded inflation. As an estate can grow in value after distribution, the sum insured could otherwise fall short by the time a claim arises. The escalator clause increases the level of indemnity by up to 5% compound each year for the first 10 years of the policy, up to a maximum of 125% of the estate value.

No, and the two are often confused. If a later Will is found that names different beneficiaries, that is not a missing beneficiary claim; it is a missing Will claim, covered by Missing Will Insurance. The new beneficiaries aren't “missing"; they appear because a different Will has come to light.

Missing Beneficiary Insurance covers something narrower: a beneficiary who was always entitled under the estate as distributed, but who was either unknown at the time, typically under the rules of intestacy, or known but could not be traced.

Missing Beneficiary Insurance is typically arranged where there is no Will.  It is rarely required when there is a Will, unless the Will is ambiguous or there is a beneficiary of the Will that can’t be found.

About the Author: Rob Faulkner

Rob Faulkner, who is the founder of Insuristic

Rob Faulkner is an ACII Chartered Insurance Broker with 30+ years' experience in the UK insurance market. He is also a Chartered Manager and a Member of the Chartered Institute of Marketing.

As the founder of Insuristic, Rob has developed clear, flexible insurance solutions for the probate market, for both solicitors and personal representatives.

He writes regularly on probate insurance, probate risk management, and unoccupied home insurance.

Rob is especially passionate about product development and insurance education, helping people understand what they are buying. These values shape everything we do at Insuristic.

Want to learn more? Visit About Rob Faulkner or follow Rob on LinkedIn.

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