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Legal Terms - Benjamin Order
A court ruling that determines how assets should be distributed upon death in cases where it is unclear whether a beneficiary is still alive. The order grants permission to the personal representatives of the deceased, who will be managing the estate, to distribute the property based on the assumption that the beneficiary is deceased or for another reason. This protects the personal representatives from legal action if it turns out that the beneficiary is actually alive and entitled to the property. The recipient, on the other hand, has the ability to track the assets held in the trust (refer to the process of tracing trust property). The name is derived from the legal case Re Benjamin [1902] 1 Ch 723. An alternative and more cost-effective approach to address the issue of missing beneficiaries is to get an insurance policy that covers their potential reappearance. The courts have shown their endorsement of such practices, as evidenced in the case of Evans v Westcombe [1999] 2 All ER 777.
A court ruling that determines how assets should be distributed upon death in cases where it is unclear whether a beneficiary is still alive. The order grants permission to the personal representatives of the deceased, who will be managing the estate, to distribute the property based on the assumption that the beneficiary is deceased or for another reason. This protects the personal representatives from legal action if it turns out that the beneficiary is actually alive and entitled to the property. The recipient, on the other hand, has the ability to track the assets held in the trust (refer to the process of tracing trust property). The name is derived from the legal case Re Benjamin [1902] 1 Ch 723. An alternative and more cost-effective approach to address the issue of missing beneficiaries is to get an insurance policy that covers their potential reappearance. The courts have shown their endorsement of such practices, as evidenced in the case of Evans v Westcombe [1999] 2 All ER 777.
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