Author Topic: Missing Will  (Read 692 times)

Offline Benn2509

  • RootsChat Senior
  • ****
  • Posts: 378
  • Benn Westwood 1977 - Present
    • View Profile
Missing Will
« on: Friday 06 February 09 14:14 GMT (UK) »
Hi all, Here's one that could be classed as impossible, but its got to be worth a try! When my great grandfather died in 1970, he mentioned to my grandfather that he left a will, but didn't mention where or who with, apparently it was a 'solicitor friend'. As there was no copy, the will has never been claimed by my grandfather or his siblings.
What I want to know is, is it still out there and can it be found? How would you start with something like this???
My great grandfather wasn't a poor man, the will would have been a significant amount, and I would like my grandfather to benefit from it before he passes away, is there any chance????
I'd be interested to hear your views on this.
I look forward to any replies.
Benn.
Westwood. Johnson. Webbon. Duffy. Street. Turner. Haycock. McGlynn. Cogan. Reavey.

Offline mshrmh

  • RootsChat Marquessate
  • *******
  • Posts: 3,014
    • View Profile
Re: Missing Will
« Reply #1 on: Friday 06 February 09 14:25 GMT (UK) »
Benn, as no will was found, as I understand things, your great-grandfather's estate would have passed on the rules of intestacy, as they were at that time. These differ according to country - I understand those for Scotland are not the same as those for England for example.

I don't know what the position would be if a valid will were now to appear - again it may depend on the jurisdiction. I've a feeling that where unclaimed estates in England & Wales go the Crown there's a 30 year limit for any valid heir's claims to be made, so the same might apply here.

If the estate was distributed under letters of administration (authority in England & Wales where there is no will) than if the person(s) granted that authority had been told of a potentially valid will, they may have opted to take about insurance in case it later appeared.

If you're looking at England & Wales you can check the probate calandars to establish whether there was a grant of probate or letters of administration.