What is a Benjamin Order?
Last revised June 22, 2022

A Benjamin Order allows the trustee of an estate to distribute a missing beneficiary's share among the other beneficiaries of a will.

The order orginated with Re: Benjamin, [1902] 1 Ch. 723

 

References

Wills and Estate Planning Basics, Chapter 4, page 4.1.11 (available in most courthouse libraries)

BC Probate and Estate Administration Practice Manual, vol. 1, chapter 15, paragraph 15.45 (available in most courthouse libraries). See also Form 184 in vol. 2.