Benjamin Orders & Similar Relief - What You Need to Know

Introduction

What happens when a beneficiary vanishes without a trace, or when vital trust documents are missing? These uncertainties can leave trustees and personal representatives exposed to significant legal risk.

This new virtual classroom seminar is designed for litigators, professional trustees, and those advising them. The session will explore the Benjamin jurisdiction and related legal mechanisms that allow fiduciaries to manage the risks created by unknowns in estate and trust administration. From classic cases like missing beneficiaries to the newest developments, including re Fassam’s Estate, we’ll cover the evolving landscape.

You will gain practical insights into how the courts can assist in resolving uncertainty. The session will also examine modern extensions of the jurisdiction, including its growing role in authorising schemes of distribution. You will also learn about the procedural steps, evidentiary requirements, and alternative tools available such as the Presumption of Death Act 2013, section 48 Opinions, and protective strategies like insurance and advertising.

Register today to deepen your knowledge, refine your approach, and equip yourself with practical tools to confidently navigate even the most uncertain estate or trust scenarios.

What You Will Learn

This live and interactive course will cover the following:

• The concept and purpose of Benjamin orders
• The procedure and evidentiary requirements for obtaining a Benjamin order
• The court’s approach to granting Benjamin orders
• Relevant case studies illustrating practical applications
• Potential problems and limitations of Benjamin orders
• Alternative legal remedies or approaches

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.