Benjamin Order Law and Legal Definition

The Benjamin order is an English law 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 derives its name from the case of Benjamin in 1902. The order authorizes the personal representatives of the deceased who administers the estate to distribute the property on the basis that the beneficiary is dead or on some other basis. The personal representatives are thus protected from being sued if the beneficiary is in fact alive and entitled.