Author Topic: Wills, Probate and such things  (Read 2211 times)

Offline iamgjc

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Wills, Probate and such things
« on: Monday 21 March 11 04:18 GMT (UK) »
Things you need to know before I get to the point.

1.  I'm doing this from Australia, so it is impossible to get to records offices in UK. Everything is done via internet or snail mail.

2.  I've searched my history and I'm fairly happy with what I have pre 1911.

3.  I have found no living relatives in UK (except for one who is not interested), and I have very limited opportunity to quiz family members here in Oz (they know less than me).

OK.  On to the topic.  Sorry but I have many questions.

What is/was the process regarding estates in the UK?  The period I'm looking at is the 1930s to the 1980s.

How can I tell if a relative left a will, no matter how insignificant?  I have looked at the calendars but nothing appears.

Was every UK Will registered?

How do I search for any wills?

What happens to an estate if the person is intestate?  Who deals with it and how do I find the details.

I intend using the wills or estate details to find living or recently departed relatives.  Unfortunately UK Death Certificates don't have the info regarding family members that the Australian ones do.

Anyway, sorry for the 3rd degree but I'm sure someone has the answers and I'm not Robinson Crusoe on this dilemma.
Thanks.
Cooke (Crewe, Sandbach, Alsager, Hastings, Birmingham, Worthing), Crawford (Crewe, Sandbach), Burgess (Crewe)

As I am in Australia, I volunteer as a UK BDM transcriber.  I figure this is the best way I can pay back this community.

Offline Morganllan

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Re: Wills, Probate and such things
« Reply #1 on: Monday 21 March 11 04:43 GMT (UK) »
Hello  :)

This is the UK Government Guide to obtaining copies of probate records:

http://www.hmcourts-service.gov.uk/cms/1226.htm

It covers Probate and Letters of Administration, and that you can request a search of the Probate Calendar for a fee.

Kind Regards
Morgan

Offline stonechat

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Re: Wills, Probate and such things
« Reply #2 on: Monday 21 March 11 06:25 GMT (UK) »
After 1858 Wills are part of UK court service (above link)
Before this wills were proved by court of the church
This is a minefield, though many later wills were under the PCC Prerogative Court of Canterbury , and may be downloaded at a charge from the National Archives
http://www.rootschat.com/links/03jo/

There are other jurisdictions such as Consistory courts at Archdeaconry or Bishop levels, the Prerogative Court of Your etc.

If you pose a query for a particular area, Rootschatters will try to help

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Offline Valda

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Re: Wills, Probate and such things
« Reply #3 on: Monday 21 March 11 08:18 GMT (UK) »
Hi


'Modern surveys differ on what proportion of the current population has a will, but even the most optimistic put it at less than half. The National Consumer Council’s research in 2007 not unsurprisingly revealed that older people and those in higher socio-economic groups were more likely to make wills. Given the modern context it isn’t unexpected that most of our ancestors did not leave wills...'


http://www.rootschat.com/forum/index.php/topic,403342.0.html


Regards

Valda
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Offline mshrmh

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Re: Wills, Probate and such things
« Reply #4 on: Monday 21 March 11 11:07 GMT (UK) »
As you mention 1930-1980s, I think the system was broadly similar to today, for England & Wales. You mention the UK - rules are different for Scotland & Northern Ireland for inheritance where there is intestacy, I don't know about probate.

Broadly for England or Wales when a person dies if they leave a valid will the executor(s) go to a probate office and swear an oath to get authority (probate) to deal with the estate. The will then becomes a public document which can be accessed via the court service as on previous posts. If there isn't a valid will next or near kin go to the probate office for a grand grant of letters of administration which then authorises them to deal with the estate under the rules of intestacy (these can be found on the court service website). All you get from the court service in such a case is the value of the estate and details of the administrators.

The probate calendars record for each year the grants of probate and letters of administration made in that calendar year (may be for deaths in the same or earlier years). I understand Ancestry have calendars upto around 1940 - after that local probate offices have the most recent ones and older ones may be found at record offices (not useful for you I realise). I believe there's a RootsChatter who goes into the main office in London & can search the calendars there.

For "small" estates a formal grant may not be needed (though some financial institutions may want one before releasing money).

For current rules here's a link (which also links through elsewhere for Scotland)
http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029716

(modified for spelling)

Offline Redroger

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Re: Wills, Probate and such things
« Reply #5 on: Monday 21 March 11 12:38 GMT (UK) »
The TV program Heir Hunters which I believe may be available sometimes in Australia has stated that 2/3 of people do not make wills.
Ayres Brignell Cornwell Harvey Shipp  Stimpson Stubbings (all Cambs) Baumber Baxter Burton Ethards Proctor Stanton (all Lincs) Luffman (all counties)

Offline iamgjc

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Re: Wills, Probate and such things
« Reply #6 on: Wednesday 23 March 11 21:53 GMT (UK) »
Thank you all for your replies.  Your information has answered most of my concerns.  My first task is to obtain the Death Certificates and proceed from there.

Thanks again.

Greg
Cooke (Crewe, Sandbach, Alsager, Hastings, Birmingham, Worthing), Crawford (Crewe, Sandbach), Burgess (Crewe)

As I am in Australia, I volunteer as a UK BDM transcriber.  I figure this is the best way I can pay back this community.

Online wilcoxon

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Re: Wills, Probate and such things
« Reply #7 on: Wednesday 23 March 11 22:17 GMT (UK) »
Hi, I can see you`re researching Cheshire.
Cheshire Records Office has an online Wills Database. It seems to go up to 1940

http://apps.cheshirewestandchester.gov.uk/RecordOfficeWillEpayments/search.aspx

MODIFIED , I now can see your`e looking at later than  this,
Census information is Crown Copyright (see: www.nationalarchives.gov.uk)

Offline dawnsh

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Re: Wills, Probate and such things
« Reply #8 on: Wednesday 23 March 11 22:43 GMT (UK) »
If you want to post here or send me a pm with the names and dates of death, I can check the calendars next time I'm at the Principal Registry at Holborn.

Dawn
Census information Crown Copyright, from www.nationalarchives.gov.uk

Sherry-Paddington & Marylebone,
Longhurst-Ealing & Capel, Abinger, Ewhurst & Ockley,
Chandler-Chelsea