Personal Representative Protections in relation to a known but missing beneficiary

·      S. 27 would not protect the PRs if distribution of the assets was made ignoring the claim of a known but missing beneficiary.

·      If the PRs distributed the estate and ignored the missing beneficiary's potential entitlement, they would have personal liability to the beneficiary if he/ she later made a claim.

·      There are a number of ways in which the PRs can attempt to avoid such personal liability:-

Obtain a Benjamin order

·      a Benjamin order is an order of the court…