Re Benjamin [1902]

Key Notes

• Facts: The case involved a testator’s son, Benjamin, who was a beneficiary but disappeared before the estate could be distributed.

• Benjamin Order: The court established what is now known as a "Benjamin order" when dealing with missing beneficiaries.

◦ The order allows the rest of the estate to be distributed to beneficiaries who are located, protecting trustees from liability for beneficiaries who cannot be found.

• Purpose: The order ensures that trustees are not held responsible for missing beneficiaries and allows for the distribution of the estate to other beneficiaries without delay.