Advertisements seeking information about a missing beneficiary that do not call for claims, do not specify a time limit, and do not warn that failure to respond may result in claims being disregarded do not comply with s 66(1) of the Trustees Act 1962 (WA). Where a missing beneficiary's absence is explained by tenuous family ties rather than circumstances suggesting death, the court will not presume death but may make a conditional Benjamin order requiring further orthodox advertising before distribution can proceed. Even if a missing beneficiary is presumed dead, the question of entitlement to her share is not necessarily resolved, as her issue or estate may have claims.
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