The Genealogy Unit undertake complex and overseas genealogical research for NSW Trustee and Guardian.
NSW Trustee and Guardian undertakes next of kin searches in Australia and overseas to identify and locate relatives of the deceased who are entitled to a share of their intestate estate. Research is also undertaken for beneficiaries named in a Will who are missing or for persons falling within a class of beneficiaries described in a Will.
Entitlements to an intestate estate are typically established using event certificate evidence (birth, death and marriage certificates) and search certificate evidence (issue searches and marriages searches). Where this is not possible secondary evidence such as immigration and burial records may be considered if they satisfactorily prove entitlement.
Once entitled beneficiaries have been identified and located, the money from the estate is distributed to them. In some cases, genealogical research will establish there is no one entitled to a share of the estate according to the intestacy laws of NSW. Funds from these estates are described as bona vacantia and are paid to the State.
Where entitlement cannot be established because of a lack of certificate evidence, paternity is not known, a person has disappeared, or their living status is not known an application is made to the Supreme Court of New South Wales for determination.
The Genealogy Unit, who undertake the complex and overseas genealogical research for NSW Trustee and Guardian, are a small group of specialists with a high level of knowledge, expertise and experience in the relevant areas of law and in the use of genealogical methods, strategies and tools to identify, locate and prove beneficiaries.
During 2018-19 our Genealogy unit commenced research on 225 matters and completed research for 58 matters. As at 30 June 2019 they had 840 matters where research to establish entitlement was ongoing.
The team in action
Max* died intestate in 2017. His parents pre-deceased him and he had four known siblings. As Max’s father had been born in England the Genealogy team sought certificate evidence from the General Register Office in England to assist in confirming entitlement of the beneficiaries. These searches revealed Max’s father had a further five children with three different partners.
A lack of primary certificate evidence meant the team was unable to complete the full family tree. As a result, an application for confirmation of entitlement was made to the Supreme Court. The court confirmed entitlement in accordance with the research done by the team and the estate was distributed to the beneficiaries.
