Benjamin order

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An order made by the court for the distribution of assets on death when it is uncertain whether or not a beneficiary is alive. The order authorizes the personal representatives of the deceased (who will be administering the estate) to distribute the property on the basis that the beneficiary is dead (or on some other basis); the personal representatives are therefore protected from being sued if the beneficiary is in fact alive and entitled. The beneficiary may, however, trace the trust property (see tracing trust property). The name derives from the case Re Benjamin [1902] 1 Ch 723.

Subjects: Law.

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