Author Topic: Probate 12 years after death  (Read 2048 times)

Offline trish18

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Probate 12 years after death
« on: Wednesday 11 April 12 20:54 BST (UK) »
Please could someone help explain probate, 12 years after date of death. My G G Grandfather was an innkeeper, who died in 1884. His wife took over the licence of the inn on his death until she died in Dec 1895. The licence was then transferred to their son in Feb 1896.

I have just discovered a probate document on A***stry* website, dated 23 March 1896, London, to George Williams, Shoemaker, effects £40 4s 9d.

I have no idea who George Williams is. Is it likely that he would have held the freehold to the inn and that is the reason he was granted probate?

If anybody can enlighten me, it would be much appreciated.

Regards

Trish
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Offline Sloe Gin

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Re: Probate 12 years after death
« Reply #1 on: Wednesday 11 April 12 22:28 BST (UK) »
He will have been the executor of the will.  Most likely a friend or neighbour.  Have you looked for him in the census?
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Offline GrahamSimons

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Re: Probate 12 years after death
« Reply #2 on: Wednesday 11 April 12 22:52 BST (UK) »
I have a similar case - my grandfather died intestate in 1938; an administration was granted in that year. The estate was never completely wound up, and the executor died in 1963; a further grant of administration was taken out in 1967.
Simons Barrett Jaffray Waugh Langdale Heugh Meade Garnsey Evans Vazie Mountcure Glascodine Parish Peard Smart Dobbie Sinclair....
in Stirlingshire, Roxburghshire; Bucks; Devon; Somerset; Northumberland; Carmarthenshire; Glamorgan

Offline dawnsh

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Re: Probate 12 years after death
« Reply #3 on: Wednesday 11 April 12 23:31 BST (UK) »
Hi Trish

2 things

You can apply to HMCTS for a copy of the grant and will which will cost £6, that should give more details.

http://www.justice.gov.uk/courts/probate/copies-of-grants-wills

If you go back to Ancestry and leave the names blank but just put in year of death 1884 and year of probate 1896, you will see that this situation is not unusual, there are 151 entries.

Dawn
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Online Marmalady

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Re: Probate 12 years after death
« Reply #4 on: Thursday 12 April 12 10:02 BST (UK) »
It was probably a case of the wife not realising she had to actually do anything legally once the father had died

The wife just carried on the same business in the same premises as usual so nothing had changed for her in that respect

Timings indicate that when she died, the son would be winding up her affairs and realise his father's affairs had never been properly attended to -- and so prompted the application for probate
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Offline trish18

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Re: Probate 12 years after death
« Reply #5 on: Thursday 12 April 12 12:54 BST (UK) »
Thank you all very much for your replies.

Sloe Gin - I haven't looked for him on the census, good thinking. It's such a common name but I will take a look later today concentrating my search on the village my G G Grandfather lived in. It may throw a little more light on things.

Graham - it just goes to show you should always make a will! Nearly thirty years is a long time for affairs to be tied up.

Dawn - thank you very much for the link - brilliant. I haven't looked at probate & wills before so I wasn't aware of this site but will definitely order a copy of the will now.

Marmalady -I think you are absolutely right. She obviously worked and help run the inn but finances were left to the husband.

Again, thank you all so much for your responses

Kind regards

Trish
Carroll - Monmouthshire/Glamorganshire/Cork
Hooley - Tattenhall, Cheshire
Lloyd - Gresford, Denbighshire
Platt - Wrexham, Denbighshire
Sullivan- Monmouthshire/Glamorganshire/Cork

Online Marmalady

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Re: Probate 12 years after death
« Reply #6 on: Thursday 12 April 12 13:04 BST (UK) »
My mother used to work for a solicitors

When dealing with the affairs of an elderly single gentleman who was still living in the house he had been born in, it was discovered he had never applied for probate for either of his parents who had died some 50 years earlier!
There was even some question as to whether he legally owned the house as he did have siblings who should have had a share in his parents estate!

so 12 years isn't a record !
Wainwright - Yorkshire
Whitney - Herefordshire
Watson -  Northamptonshire
Trant - Yorkshire
Helps - all
Needham - Derbyshire
Waterhouse - Derbyshire
Northing - all