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Family History Documents and Artefacts => FH Documents and Artefacts => Topic started by: belfordian on Wednesday 10 August 16 16:27 BST (UK)

Title: Intestate - what exactly does it mean?
Post by: belfordian on Wednesday 10 August 16 16:27 BST (UK)
Can anyone tell me why someone would be described as dying intestate by the Probate Office when they did in fact make a will which was deposited with a solicitor? In this case someone died in 1970's and left everything incl property to his widow, but had no savings or assets of his own, would it be necessary to apply for probate? Or would everything go automatically to his widow? The property was jointly owned by the couple and mortgaged at the time.

Would be grateful for any explanations.
Title: Re: Intestate - what exactly does it mean?
Post by: ScouseBoy on Wednesday 10 August 16 16:37 BST (UK)
Maybe the will  was not considered as being valid for some reason?
Title: Re: Intestate - what exactly does it mean?
Post by: mazi on Wednesday 10 August 16 16:52 BST (UK)
If the property was jointly owned and he had no other assets then there was no estate to administer,
A jointly owned property becomes the property of the survivor automatically on the death of one party, the death certificate alone is all the land registry requires.

It may be that the solicitor did this paperwork and applied for administration to ensure he was covered by his indemnity insurance should some hidden assets come to light in the future

Mike
Title: Re: Intestate - what exactly does it mean?
Post by: mazi on Wednesday 10 August 16 17:07 BST (UK)
Equally scouseboy's thoughts are valid, it seems strange to make a will and deposit it with a solicitor if you know you have no assets, normally if a will is deposited with a solicitor it was drawn up by him, or at least checked for validity, after all a solicitor stores the will for free in the hope of getting future business.

Could there have been a remarriage between the will being written and the death, or a move of house, if the will specifies a definite property and they have moved house then that part of the will is not able to be carried out.

Mike
Title: Re: Intestate - what exactly does it mean?
Post by: belfordian on Wednesday 10 August 16 17:43 BST (UK)
Thank you, Mazi. Food for thought. Have sent you PM.
Title: Re: Intestate - what exactly does it mean?
Post by: mazi on Wednesday 10 August 16 18:53 BST (UK)
Thanks for the PM, sorry I cannot be more definite about this

Mike
Title: Re: Intestate - what exactly does it mean?
Post by: mazi on Wednesday 10 August 16 19:25 BST (UK)
It has occurred to me that if there was a large mortgage on a property backed by an insurance policy
then even tho insurance policies do not normally form part of an estate the services of a solicitor might be useful to arrange the redemption of the mortgage and tranfer of ownership.

Mike
Title: Re: Intestate - what exactly does it mean?
Post by: arthurk on Wednesday 10 August 16 19:41 BST (UK)
...it seems strange to make a will and deposit it with a solicitor if you know you have no assets,
There could have been "mirror wills" where husband and wife made essentially the same will leaving everything to their spouse, but if they were the surviving spouse, then other provisions would apply. After the first death, whatever had been owned jointly would become the sole property of the survivor, whose will would determine how it was distributed at the second death. For this to work, husband and wife both have to have a suitable will in place in case the other one dies first, but as has been pointed out, it may not always be necessary for the first one to go to probate.

Arthur
Title: Re: Intestate - what exactly does it mean?
Post by: groom on Wednesday 10 August 16 20:06 BST (UK)
I agree with all that has been said, however, that doesn't explain why the man was said to have died intestate, does it? The only way he could have done that is if he either didn't make a will or, as it seems in this case, if the will was invalid for some reason.
Title: Re: Intestate - what exactly does it mean?
Post by: carol8353 on Thursday 11 August 16 08:17 BST (UK)
Did they not find a will initially,hence him dying 'intestate' but it came to light later?
Title: Re: Intestate - what exactly does it mean?
Post by: belfordian on Thursday 11 August 16 08:22 BST (UK)
The will was always known about.
Title: Re: Intestate - what exactly does it mean?
Post by: dawnsh on Thursday 11 August 16 08:30 BST (UK)
Is there an entry in the Probate Calendar?

If there is what is the exact wording of it?

https://probatesearch.service.gov.uk/#calendar
Title: Re: Intestate - what exactly does it mean?
Post by: belfordian on Thursday 11 August 16 08:53 BST (UK)
On the Probate website it states Grant only.
Title: Re: Intestate - what exactly does it mean?
Post by: dawnsh on Thursday 11 August 16 09:14 BST (UK)
Sorry to be picky but the calendar entries usually say Probate, Admimistration or Administration with will.

All 3 options are Grants ie Grant of Probate, Grant of Letters of Administration etc

Title: Re: Intestate - what exactly does it mean?
Post by: belfordian on Thursday 11 August 16 10:42 BST (UK)
It definitely says "Grant only" on the Probate link. On the document obtained subsequently i.e Grant of Letters of Administration it says  the person died intestate, then names the administrator  and explains this grant is issued when a person dies without making a will and is issued to the administrator.

Death was 1971, grant was issued 2008 in connection with a compensation scheme application (successful) submitted re the deceased by the attorney of the deceased,s widow . No correspondence on this was received before 2016 when the grant was found on the Probate website.
Title: Re: Intestate - what exactly does it mean?
Post by: mazi on Thursday 11 August 16 10:59 BST (UK)
Death 1971, grant 2008, daylight at last  :).

The estate was dealt with without probate or admin. in 1971.  Quite normal and permissible.
a claim in 2008 on behalf of his beneficiaries would require the status of admin. So an application was made by an attorney.

I see nothing irregular in this.

The original question was about the death in 1971,  so yes as a small estate did not need probate or admin, even if there was a will

Mike
Title: Re: Intestate - what exactly does it mean?
Post by: belfordian on Thursday 11 August 16 11:09 BST (UK)
Thanks, Mazi! I could keep going round in circles with this one but it now seems to make sense. It was the word intestate which confused me. Many thanks to everyone who has helped!
Title: Re: Intestate - what exactly does it mean?
Post by: majm on Thursday 11 August 16 11:13 BST (UK)
Hi,

In New South Wales, Australia if you hold property as 'joint tenant' and you die, then the property is not part of your deceased estate, but your share automatically goes to the remaining living.  On the other hand, if it is held 'tenant in common' it is subject to the terms of your will.   If your will is challenged and it is determined to be invalid, or if you did not leave a will,  then your share of the 'tenant in common' property comes under NSW Succession Laws.

 http://www.legalanswers.sl.nsw.gov.au/guides/wills_estates/intestacy.html

http://www.tag.nsw.gov.au/wills-landing-page.html

JM
Title: Re: Intestate - what exactly does it mean?
Post by: dawnsh on Thursday 11 August 16 11:16 BST (UK)
Death in 1971 and Grant in 2008 also reflects a change in format of the probate calendar after 1996.

Prior to 1996 you see the full calendar entry with the wording I posted, after 1996 you only get a summary which shows Grant & Will or Grant Only.