Fraser and Fraser - Legal Services Brochure

Legal Services

Introducing Fraser and Fraser At Fraser and Fraser, you will find a team of efficient, dedicated and experienced probate researchers who offer the best service for you and your clients worldwide.

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We work alongside the legal profession, banks and a number of public sector organisations with each referral treated on a case-by-case basis. We pride ourselves on our commitment and clarity.

Fraser and Fraser celebrated its 50th anniversary as a partnership in 2019 and in the same year won the award for Paralegal Business of the Year at the UK’s National Paralegal Awards.

We have also been integral in the formation of the Association of Probate Researchers (APR), an industry body designed to bring regulation to the sector and protect clients from the activities of the misguided and the unscrupulous.

“Thank you ever so much for your prompt and efficient service. I will certainly recommend you to my colleagues.”

JS, Private client solicitor l Nottingham

1923

1969

2007

Great aunt Gertrude Christensen established a partnership which revolutionised the way in which genealogy was used in probate.

Nephews Nathan and Simon Fraser built on the foundations laid down by their aunt in 1923 to establish one of the world’s largest firms of probate researchers.

Andrew, Neil, Charles and Philippe Fraser succeeded in the business from their fathers in 2007, bringing the business forward and integrating modern technology and classic research methods.

Since 2015, Andrew and Neil have taken care of the day-to-day running of the firm.

2019 The firm celebrates its 50th anniversary as a partnership.

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For more information visit: fraserandfraser.co.uk Or call: 0207 832 1400

Finding missing heirs worldwide Fraser and Fraser has been at the heart of international probate research for over 50 years. Over the past decade, we have solved more than 20,000 cases thanks to our commitment to delivering professional and cost-effective results.

We are a family-run partnership with headquarters in London, England, and a number of offices and affiliations worldwide, including in the USA, France, Poland, Italy, Scandinavia and Scotland.

Whether you’re looking to trace missing beneficiaries named in a will, need to obtain a Medallion Signature Guarantee or require an international bankruptcy search, we are here to help you.

As one of the world’s largest firms of professional probate researchers, we’ve been finding heirs and supporting the legal profession for over 50 years.

Our years of experience mean we have a large number of resources at our fingertips, including a huge collection of family trees in addition to our own records of birth, death and marriage indexes. Along with our network of offices around the world, we work with a number of overseas partners which expands our research reach and knowledge. Our friendly and experienced team of travelling senior researchers – several of whom have served in the police force – help to confirm our research with visits to heirs and other family members.

We know that each case you handle is unique Our experiences have shown us that the basis upon which one case may be charged may not be suitable for another. As a result we offer the flexibility of the following four fee options: TIME SPENT

BENEFICIARY CONTINGENCY

• We can offer research on a time spent basis.

• Suitable for cases where either there are known heirs already represented or no known heirs where no authorities have been appointed.

• An initial budget is agreed prior to starting the research.

• Offers an easy way to monitor costs incurred by the estate.

• Payment is required irrespective of costs, can help keep costs down if research required is less complicated.

FIXED FEE • Fee agreed according to the perceived difficulty of the research required based on the information provided by the client.

• Easy to plan and budget the estate costs.

• A reporting date can be guaranteed as a larger budget is required.

• A personal representative is needed.

• No payment is required if the research is incomplete at the end of the agreed time frame.

• The fee paid is through an agreement with the beneficiaries we trace – a share of their entitlement when the estate is distributed.

• No formal instruction is required.

• Known heirs are protected from having to pay to find unknown beneficiaries.

• If we do not find the beneficiaries, there is no fee to be paid.

FINDER’S FEE CONTINGENCY • Instruct us to find missing heirs irrespective of whether or not their place on the family tree is known.

• Known heirs are protected from research fees that may not yield results.

• This option requires there to be an executor, administrator or trustee.

• The fee is paid as the agreed percentage on the share due on all the missing or unknown beneficiaries that we trace.

• If we do not find the beneficiaries, there is no fee to be paid.

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For more information visit: fraserandfraser.co.uk Or call: 0207 832 1400

CASE STUDY Tracking down the heirs to a multi-million dollar estate Bernard Lester died in Los Angeles, California, at the age of 88. A retired film company executive, Bernard had never married and left behind him a considerable estate, but neither any close relatives nor a will, and it soon became apparent that tracking down his heirs would be no easy task.

Friends confirmed that Bernard’s older brother, also a bachelor, had died 10 years earlier and that they believed the family had emigrated from England in the 1930s but was thought also to have had links with both Russia and Poland.

Realising this was going to be a complicated case, potentially involving several countries and a lengthy family tree, the US attorneys turned to Fraser and Fraser for help.

We quickly traced Bernard’s mother’s family and found they had come to the UK from what was then Russia and is now Lithuania. This is a not uncommon scenario with US-originating cases, where a 19th-century relative may have been registered as being born in a place that was at the time Russia, but which might now be in a number of countries such as Ukraine or Belarus, each with its own legal and administrative system and procedures.

As often happened, the family had also anglicised its name once they arrived in England, adding a further level of complexity, but we were still able to locate down Bernard’s mother’s relatives in England, Scotland and the US. Our researchers found the situation was rather different in the case of Bernard’s father, Maurice. Census records in the UK proved he had been born Moszek Lenczner in Radom, Poland, in 1888, and we were also able to confirm he had been one of six siblings born to a Jewish family in the 1880s and 1890s.

All of Bernard’s brothers and sisters had gone on to marry, so we were hopeful of finding additional heirs. Working with our offices in Poland and our partners in Israel, we conducted painstaking research, with researchers sifting through the archives in both countries and also visiting local parishes in Poland in an attempt to find the crucial clue.

Everything drew a blank, however, leading us to the inescapable conclusion that every member of Bernard’s paternal family had been killed during the Holocaust. It was a grim realisation, but one that sadly was not surprising.

More than 95 per cent of Poland’s Jewish population did not survive the Second World War. Fraser and Fraser ultimately provided the Californian court with a detailed affidavit of records identified and research undertaken in Poland and in Jewish archives in Israel to detail the extent of the family and the fate of its members, thus ensuring the funds were distributed to the living maternal heirs and not held back by the court. In addition, we supplied all the relevant certificates and supporting documentation as proof of the claims of Bernard’s maternal relatives.

Working with its highly experienced partners across the world, Fraser and Fraser was able to bring this challenging case to a satisfactory conclusion within three years of its first being filed. In total, 11 people ultimately shared an estate that was valued at just over $6.3m.

We quickly traced Bernard’s mother’s family and found they had come to the UK from what was then Russia and is now Lithuania.

Free family tree check Fraser and Fraser provides a free professional family tree check to advise personal representatives of essential work required to ensure all family who would be entitled to a share of an estate have been identified and located.

This helps guard against unknown beneficiaries appearing when least expected and creating additional work and costs. It also provides comfort to personal representatives that all avenues have been covered.

What does the free family tree check provide?

A thorough examination of information obtained about the deceased’s family. We will highlight areas which we believe require more detailed research and documentation to confirm this information and also mention areas of research that might also identify and locate additional unknown entitled beneficiaries.

All you need to do is supply us with the information you have and our experienced researchers will provide guidance about whether it is correct, what might be missing and if there is the possibility of additional family members who need to be traced.

What we will supply A free, no obligation quote of costs to carry out the research and to ascertain exactly who is entitled and document their entitlement.

This is our assessment. It does not involve research and is intended only as a guide. It cannot be relied upon for the purposes of distributing an estate.

Dormant and orphan balances Legal professionals are obliged to take all necessary steps to return money to their clients.

If for any reason solicitors are unable to find a client, then the Solicitors Regulation Authority (SRA) requires them to provide evidence to show they have made realistic attempts to trace them.

How Fraser and Fraser can help The Law Society suggests using a tracing agent to find missing clients. Our services include: • Locating a current UK address • Identifying forwarding addresses • Discovering if a client has died If we are unable to establish whether a client is deceased or discover a forwarding address, we will explain this in a report that you can incorporate into your own documentation.

Risk-free administrator search services Sometimes solicitors encounter cases where the deceased has not made a will and has no obvious relatives.

Before you refer such an estate to the Government Legal Department, it pays to be absolutely sure there are no next of kin who have a prior claim to the Crown.

In these instances, our administrator search service offers a solution. We also provide it on the basis that if we can’t find a suitable personal representative, then no fees will apply.

Our aim is to locate a relative who is willing and able to act as a personal representative. In addition, more than 90% of the administrators we locate go on to instruct our clients.

However, if the personal representative we find does not instruct you, we will not charge you a fee.

We charge a fixed price per missing client search, regardless of the value of the account.

Case study We recently helped an English solicitor client identify the sole heir to a £325,000 estate. The case involved a reclusive bachelor and our client had been unable to find any next of kin.

Once instructed, Fraser and Fraser’s experts quickly drew up a family tree and identified a niece who was living hundreds of miles away. In due course she instructed our client to carry out the estate administration. On this occasion our fee was limited to time spent on administration after a Grant of Letters of Administration was issued.

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For more information visit: fraserandfraser.co.uk Or call: 0207 832 1400

Probate insurance services We guarantee our quote will be less than or equal to that from any rival firm.

Our close relationship with a number of insurance companies helps us to obtain the best price for you, whether you require Missing Beneficiary Insurance or Missing Will Insurance.

We are only able to offer insurance policies where we have conducted the research ourselves. This is to ensure we are able to produce the professional genealogy report required by insurance companies, offered at a competitive price.

Fraser and Fraser are authorised and regulated by the Financial Services Authority for insurance mediation activities, ensuring our work is carried out in accordance with current legal requirements. Our registered number is: 472919.

Missing Will Insurance This offers complete protection to estate funds once successfully distributed in case an unknown valid will is located on an estate believed to be intestate, or a more recent will is found on a testate estate.

In order to obtain a Missing Will Insurance quote, all necessary requirements set out by insurance companies need to be met to prove you have made all possible attempts to locate a will or later will.

Why do you need it?

Ultimate protection to executors, administrators and beneficiaries against a claim being made on the estate by any beneficiaries of a valid will located after the estate has been distributed.

Missing Beneficiary Insurance This helps to cover all eventualities, such as unknown or untraced heirs coming forward at a later date, including illegitimate descendants or family members who have emigrated to countries with limited records.

Reassurances that you unpredictable events.

are

protected

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Peace of mind that the estate monies are secure once successfully distributed.

Easy to obtain, quick, reliable insurance policies, helping to speed up the process.

Our working relationship with multiple insurance providers means we can provide an attractive and competitive quote.

Why do you need it?

- Protects administrators, trustees and executors from post-distribution claims.

- Helps to speed up the administration process whilst protecting you and your firm.

- Safe in the knowledge you will be offered a preferential premium based on the success of our excellent research performance over the years.

Probate services Will search service Our will search has stopped 3% of cases being wrongly administered, and 5% of those would not have been found through Certainty’s REACH search.

A thorough search for both registered and unregistered wills in the UK, based on up to three address areas used by the deceased.

We provide the following: - We undertake a full Certainty search (which includes REACH, National Wills Register and Missing Notice Board).

- We check with the Probate Registry safe custody clerk.

- We contact local will writers (members of the Institute of Professional Will Writers and Society of Will Writers).

Cost l £200+VAT

Bankruptcy search Fraser and Fraser can undertake international bankruptcy searches on your behalf.

You will always receive a report with the findings.

There are three things we need to start the search: 1. Name 2. Date of birth 3. Address Charges are on a case-by-case basis, so please contact us with your requirements and we’ll get back to you within 24 hours. The cost and search times can depend on the jurisdiction, as some countries require a signed authorisation letter from the search subject.

Cost l £75+VAT

Certificate ordering service A quick and efficient way to obtain the documents and certificates you need when working on a case, avoiding the time-consuming task of searching through public records.

We can obtain on your behalf: - UK birth, marriage and death certificates - Adoption certificates - Registered civil partnership certificates - Wills and Grants of Representation - Decree Absolute - Overseas Certificates

Cost l Current GRO cost for England and Wales certificate either £11 or £35 depending on service* *

Additional handling fee of £75+VAT with date and £100+VAT without date. Prices are subject to change.

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For more information visit: fraserandfraser.co.uk Or call: 0207 832 1400

CASE STUDY The wartime sailor who never came home Aleksander Olesen was known as a bit of a loner; a man who kept himself to himself and who seemed in no hurry to make many friends in the Californian town where he lived.

Those few people with whom he did pass the time of day knew little or nothing about Aleksander’s family. They could guess from his accent that he had grown up somewhere in northern Europe and they knew from his occasional stories that he had travelled the world, but that was about all the light they could throw on the life of this softly spoken bachelor.

When he died Aleksander left an estate worth more than $120,000, but no will. It was at this point that international probate researchers Fraser and Fraser were called in to see if they could discover any heirs who might be entitled to a share of the proceeds.

Our international team discovered that Aleksander had been born in 1924 at Nysted on the Danish coast, 150km south of Copenhagen.

The only boy among seven siblings, he was drawn to the sea from an early age, preferring to go exploring on small boats rather than spending time at home with his sisters.

In his mid teens he took a job as a merchant seaman, sailing on both British and Norwegian ships during the Second World War. It was dangerous work and many Danish sailors never returned home when hostilities ended in 1945. Among them was Aleksander. His family made enquiries as far as they could, but shipping records for the period were confusing or incomplete and they had to accept that their son and brother had been lost at sea.

Of course, that wasn’t the case, and Aleksander had in fact begun a new life in America.

And, 70 years after he had seemingly vanished without trace, he had a large extended family back in Denmark.

Indeed, Fraser and Fraser’s researchers discovered that not only were two of his sisters still alive, but that he had nine nieces and nephews, with a total of 19 family members entitled to a share of his estate.

This was a complicated case that spanned two continents and a lengthy time period, made more challenging by spelling mistakes on certificates and Danish parish records that switched frustratingly between maiden and married names. The biggest challenge, however, was convincing Aleksander’s sisters that their long-lost brother had been alive for all those years without once getting in touch.

Had it not been for Fraser and Fraser’s dedicated team and international expertise, these heirs might never have been found. With offices in seven countries and working relationships with numerous other leading genealogists worldwide, the firm is recognised as a leader in international probate research, in addition to our UK-based work.

Our extensive and varied experience means that irrespective of who you are looking for or where they might be, we can provide a solution.

Asset management Asset search A thorough search for lost or unknown assets in Britain.

Helps to ensure appropriate steps have been taken to identify all assets associated with an estate.

Complies with the 2009 IHT Penalty Scheme.

Reassurance to avoid penalties of up to 30% of the additional tax due if assets are identified after the IHT return is submitted.

These can include: - Life policies and investment trusts - Bank and building society accounts - Credit checks - Stocks and shares - Land Registry title details - Pension schemes

Cost l £500+VAT

Transfer or sell shares If you are administering an estate which includes shares or you/your clients hold UK and/or international shareholdings, Fraser and Fraser can assist with the transfer and sale.

Cost l please contact us for costs

Share valuations We can provide share valuations to ensure necessary tax forms are complete when dealing with Inheritance Tax.

Cost l Valuation of holding: UK: £5 + VAT (Min fee: £80+VAT) l Non UK: £10 + VAT (Min fee £80+VAT) Confirmation of holding (inc. valuations): UK only: £10 + VAT (Min fee: £80+VAT)

Medallion Signature Guarantee Fraser and Fraser is proud to be a certified guarantor of the official Securities Transfer Agents Medallion Program (STAMP). Our transaction stamping limit of US$ 1,000,000 enables us to provide a Medallion Signature Guarantee stamp that is suitable for a wide range of clients and situations. Having provided the Medallion Signature Guarantee stamp for solicitors, estate executors/administrators, individual (and joint) shareholders, companies and financial advisers, we are very familiar with the various forms requiring endorsement.

We provide a bespoke service based on the complexities of your individual case and shall be happy to advise you accordingly when you contact us about your particular need for the Medallion Signature Guarantee.

Cost l from £195 per line of stock More information can be found at www.medallionsignature.co.uk

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For more information visit: fraserandfraser.co.uk Or call: 0207 832 1400

CASE STUDY The man with two names Sometimes it takes years of experience, the right tools and some old-fashioned legwork to track down missing members of fractured families.

As tactfully as possible, we contacted her and one of our senior researchers went to visit to handle the matter sensitively in person. Mrs Harris was in failing health, coping with long-standing heart issues, while also caring for her second husband.

Paul Harris died aged 55 in Aldershot, Hampshire, without either a will or any known relatives and his solicitor contacted Fraser and Fraser in the hope of tracing next of kin.

Firstly, her identity as Paul’s mother was thoroughly checked; she was able to provide more than enough information to remove any doubt. For years her son had drifted in and out of contact and she was not wildly surprised that 18 months had passed since she had last spoken to him.

It was clear from the start that this case would not be straightforward. Mr Harris’ death certificate was unusual in that it lacked information about a place or date of birth.

Furthermore, even once we had tracked down the actual date, we could find no corresponding entry in the birth indexes.

Something was wrong, but what exactly?

We carried out numerous interviews, speaking to neighbours and friends, hoping to gain some insights into where the truth lay.

Eventually, a former girlfriend of Mr Harris told us that he was illegitimate and that his first name was in fact Peter and not Paul. We also found out that his mother was called Jayne and Harris was the surname of her second husband.

This piece of missing information was just what we needed to find the marriage records for Paul’s mother. He had indeed been born illegitimately, but had initially taken his father’s surname (Gibson). His mother then married his father, divorced him and subsequently remarried. This led to Paul then taking his step-father’s surname, Harris.

This is where the research took an unusual turn. Generally, we would have started compiling an extended family tree, but it came apparent almost immediately that although Paul’s natural father had passed away, his mother was still alive.

She took the news of her son’s death better than could have been expected and was relieved that someone had taken the time to find her. Despite being the only heir, she was not capable of acting as administrator – and duly granted one of our partners a limited power of attorney.

This case highlights the importance of having the right experience and tools to track down members of fractured families. At Fraser and Fraser we can assist you in locating next-of-kin and ensuring estates are distributed to the correct people.

Names and places have been changed to preserve client confidentiality.

Probate property service Whether it’s one property or a complex portfolio, we’re here to help.

We can offer professional assistance with all elements of property management including valuation, insurance, clearance and sale of probate property.

The most valuable asset to many estates is often the property, making it vital to ensure all probate property matters are covered.

One of our partners, Andrew Fraser, is a chartered surveyor and oversees all our probate property management cases.

Probate sales We are quick and efficient when it comes to managing the sale of a property. We can arrange sale by private treaty or at auction. We choose estate agents and auctioneers carefully and will coordinate the communication between you and the buyer’s solicitor, their agent and financial advisers to minimise the risk of the sale falling through.

Cost l 1.75% + VAT (Min fee of £2,000 + VAT)

Probate valuations You will receive an accurate report on the valuation of the property you are dealing with, providing vital information for the Grant application and in order to sell the property. This involves at least two local agents giving their expert opinion on price and market conditions.

Cost l £195 + VAT If the property is sold through our parties, the report is free.

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For more information visit: fraserandfraser.co.uk Or call: 0207 832 1400

Empty property insurance We can arrange the best insurance for you, as well as replace existing policies invalidated by the property remaining unoccupied. This will protect the property against unforeseeable events.

Cost l £75 per month (inc. Insurance Premium Tax) for properties with a reinstatement value of up to £500,000.

Management and security Need to ensure the property is secure and fit for viewings? Leave it to us - we can arrange clearance and cleaning, organise lock changes and add in required alarm systems to maximise selling potential.

Cost l please contact us for costs

Energy performance certificate As a UK requirement, we can supply reports that provide suggestions on how the property could be altered to improve its energy and carbon emission rating.

Cost l £65 + VAT

Property inspections Our experienced senior researchers conduct thorough property searches in order to locate paperwork which may be of use in the administration of the estate (including financial documents, wills, deeds, utility information etc), along with personal papers or photographs which the family may like to keep.

Cost: £100 + VAT per hour (max daily rate £600 + VAT, plus disbursements)

What are the costs?

Here is a comprehensive list of costs and charges for our services.

We would always recommend getting in touch with us to discuss your case so that we can tailor our services to best suit you.

Service

Cost + VAT* AT*

INTERNAL RESEARCHER Hourly

£75

Daily

£450

EXTERNAL RESEARCHER Hourly

£100

Daily

£600

CASE MANAGER Hourly

£150

Daily

£900

Will Search

£200

ASSET MANAGEMENT UK Asset Search

£500

Medallion Signature Guarantee

from £195 per line of stock (no VAT)

Holding Valuation (UK)

£5 (min fee: £80)

Holding Valuation (Non UK)

£10 (min fee: £80)

Confirmation of Holding

£10 (min fee: £80 Inc. valuation)

PROPERTY SERVICES Probate Valuations

£195

Property Inspections Hourly Daily

£100 (+ disbursements) £600 (+ disbursements)

Property Sales

1.75% (min fee:£2,000)

Energy Performance Certificate

£65

CERTIFICATE (AT COST): CURRENT GRO FOR ENGLAND AND WALES

*

4 (working) day service ±

£11.00

1 (working) day service ±

£35.00

All prices are exclusive of VAT.

± Photocopy of original followed by original delivered via Royal Mail as soon as possible afterwards.

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For more information visit: fraserandfraser.co.uk Or call: 0207 832 1400

““ “

“I am most grateful for your assistance and will not hesitate to instruct you again, should the need arise. I found Fraser and Fraser to be extremely helpful and I could hardly believe the speed of the response with a successful trace.”

“As always, thank you for your capable assistance in this matter.”

“It was an excellent experience from the beginning. I would recommend Fraser and Fraser to anyone in a predicament similar to mine. The customer journey was exemplary”

Fraser and Fraser 39 Hatton Garden London EC1N 8EH W. fraserandfraser.co.uk E. legal@fraserandfraser.co.uk T.

0207 832 1400

F.

0207 832 1450

DX. 53304 Clerkenwell

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