A question on Probate and Wills

[kevinf2349]

I have what may be a silly question but....

I found a probate record for my great aunty who died in 1965. The probate record names her son as benefactor.

Now...as far as I can tell she had 3 children so this leaves me wondering why exempt those other two children? She had 2 boys and one girl the benefactor is the oldest so I can sort of see everything being left to the heir.

So I have several questions:

Given that the Will went to probate, does that mean I can request a copy of the Will from somewhere?

Is it safe to assume that the benefactor was still alive at the time of probate or would probate simply reflect the wishes in the Will?

Best regards and many thanks in advance.

Kevin

[GrahamSimons]

If you are looking at the oline index, the person named is the executor, whose role was to carry out the instructions in the will. He may or may not have benefited from the will.

You need this form: http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/pa01s-eng.pdf and a fee of £6 to order a copy of the will by post: it will show you who the beneficiaries were. It takes a few weeks to get the reply.

Good luck....

[kevinf2349]

Graham

Thank you. That sort of clears things up a little bit

Best regards
Kevin

[BumbleB]

Are you sure it says "benefactor" and not "executor"?  If the person is the "executor" then he is charged with ensuring that the terms of the will are adhered to.  Entries in the Probate Calendar do not normally name the beneficiaries.

Yes, if a will was left then probate was applied is.  If no will, then it is letters of administration.  Wills can be obtained from York, look at www.justice.gov.uk  the cost is £6.00.

I assume that we're still talking "executor" rather than "benefactor", then yes, he would be alive.

[kevinf2349]

Thank you.

I think that he must be an executor as I got the information from the probate record. The reason I asked about if he would be alive or not is that I found a death record but it is dated before the probate so I guess it isn't him

Thanks again.

Kevin

[dawnsh]

Hi Kevin

Just to let you know, the 1st page of the form Graham posted is out of date as copies of grants and wills cost £6 and have done for at least 3 years. Also you need to apply to Leeds not York as suggested by BumbleB.

The address is on the first page, the correct fees are on the 2nd page of the form.

Dawn

[BumbleB]

Thank you Dawn - I knew it was York to Leeds or Leeds to York 

[kevinf2349]

Thank you everyone. You have been most helpful.

Best regards
Kevin

[dobfarm]

Thank you Dawn - I knew it was York to Leeds or Leeds to York 

Can understand your confusion Bumble- The actual address is York House, York Place, Leeds in the West metropolitan in the county of York  (Its full title but known [abbreviated] as West York's or some say West Yorkshire )