Died intestate, resident in England also owned land/property in Scotland

[Tickettyboo]

If probate was granted in England, the Executors did not have to go through the full process in Scotland. The Scottish courts would accept the English probate and it would be shown as such in the calendars of confirmation.

In the converse, a confirmation granted in the Scottish courts would be 'sealed' in the English courts.

Sorry I can't quote from a Calendar of Confirmations because I don't have a copy handy and I can't think offhand of anyone in my tree whose English probate was rubber-stamped in Scotland.

Thank you, spookily (about two minutes ago) I looked at another entry in the 1938 England & Wales Probate Calendar that also quotes a Confirmation and says it was sealed in London :-)
Hopefully the archives have a copy of the Confirmation Calendar and can confirm if there is an entry that quotes the converse.

Your post prompted me to look at the Calendars of Confirmation 1876-1936 - why do databases always stop a couple of years BEFORE the year I need? ! published on Ancestry and I found this one which bears out what you said - not that I didn't believe you :-)

Allen Frederick William, Durnford, 82 Ross Deep, Twickenham, Middlesex, died 4 October 1935 at same place, intestate. Administration of the Effects granted London, 5 December 1935, to Ada Marion Allen, the widow and Harold Wenlock Allen, the Administrators. Certified at Edinburgh 3 January Value of the estate £7040:7:1.

So it looks like the probate process was carried out in England to grant admin which would give them the authority to access assets held in England
 and then that official document was presented to Edinburgh to certify it was okay with them and the Administrators could then use the additionally certified grant to access and administer the assets held in Scotland.

Thank you!

Boo

[Tickettyboo]

hmmm but the 1938 entry in the England and Wales Calendar for the man I am looking at has no mention of the grant being certified in Edinburgh.

I wondered if it was certified maybe much later (the land didn't officially transfer to his son till 1951) but no sign of any other entry in the calendar. Though perhaps they don't do another entry and the original calendar had already been printed so couldn't be altered.

Curious!

Boo

[Forfarian]

hmmm but the 1938 entry in the England and Wales Calendar for the man I am looking at has no mention of the grant being certified in Edinburgh.

I don't think it would. Once probate/administraion is granted in England, the Executor(s) can get on with the English proprerty. The English courts don't need to know that the grant has been certified in Scotland, because that's only needed to deal with the property in Scotland.

[arthurk]

Based on what I've gleaned over the years, a Scottish probate or administration is treated as applying in England subject to the process of confirmation or sealing, and vice versa.

The first time I came across this I rang the main probate office in London and they told me it was more or less a rubber stamp exercise, and they wouldn't have anything useful beyond what was in the index. In the case in question here, a similar quick phone call to the Scottish probate office might be worth a try.

I had to do something similar recently for a friend who died, and had property on the Isle of Man, but had shares which had to be dealt with by English Probate!

I knew of a similar case a couple of years ago but in reverse, and we too discovered that there was no reciprocal probate arrangement between England and the Isle of Man. Maybe England and Scotland (and Northern Ireland) have that arrangement because they are part of the United Kingdom, but the Isle of Man doesn't because it isn't.