Much has been written on All About Estates about “missing” elements in an estate administration – missing assets, missing heirs, and even missing estate trustees. In the case of missing heirs, the executors have an obligation to take reasonable steps to locate the beneficiaries of the estate. Executors cannot simply distribute the estate to those beneficiaries who are easy to find, or assume that missing beneficiaries do not exist.

While reasonable steps will vary from case to case, typically an estate trustee may speak with family members and friends of the deceased, review the deceased’s personal records and correspondence, and conduct online searches. In some situations, an estate trustee may retain a professional genealogist or heir tracer, particularly where the value of the estate is significant and the beneficiaries are unknown or hard to identify.

In a novel approach to locating a missing beneficiary, the solicitor for an Ontario-based estate trustee has taken out ads in Vancouver’s public transit system seeking a missing beneficiary of the estate, and has set up an email address specific to the beneficiary search. An example of such an ad can be found here.[1]

Whether this approach ultimately results in the missing beneficiary coming forward is something we will likely never know. What is clear, however, is that this approach likely goes beyond what would be considered reasonable in most estate administrations. Public advertising across the country will rarely be proportionate, cost‑effective, or necessary, particularly for estates of smaller value. However, the initiative is a useful reminder that the standard for “reasonable steps” is not formulaic; rather, it is shaped by context and requires judgment and, occasionally, creativity. While most cases will not justify this sort of effort, the example underscores the importance of taking the duty seriously and being able to demonstrate that it was approached thoughtfully.

Have a great weekend everyone.

[1] With thanks and credit to photographer Anthony Maw.