Wills and probate

[tofgem]

Please could someone point me in the right direction to help me understand the process.
I have a will dated 12th December 1836. Death occurred circa 6th May 1837 and burial took place 14th May 1837. However probate was not granted until 27th March 1844. Why did it take so long? The only reason I can think of is that two of the bequests were to two of her children and perhaps they (or one of them) could not be found - hence the 7 year delay.
The writer of the will made her mark, but she also placed her seal. Is this common? Does it signify a certain status in society?
Tofgem

[Gone]

Hello tofgem. funnily enough its still the same, my great aunt died 7 years ago and at last its being sorted out, one reason (so the solicitor is saying is that one of the beneficiaries has disappeared somewhere in Africa. I supplied info on the others about 5 years ago but nothing happened till now. They decided that his share can be kept until he's found, if ever he is
Griff

[jim1]

I don't think a missing beneficiary would hold up a will being probated for 7 years.It would only mean they wouldn't get their share until they turned up or if they were missing at the time the will was made a time period would be given for them to claim their share.I have one like that but it was still probated the year the testator died.
It may be there was another will & this will was contested.
A seal was used for letter writing (pre envelopes) but for someone illiterate who needed to conduct business would have to use a seal. Women often hung them on a chain & carried them about with them.

jim

[weste]

Yes same even now and as my uncle left everything in the hands of his solicitor. He disowned his daughter. He died over 3 weeks ago and we don't know yet if she knows and the funeral notice has just gone in tonight. Don't rely on having the solicitors card with you, when you die and let alone you have different solicitor to who you had previously. Also don't forget to give the housing association 4 weeks notice of your death! That gives you an idea. We only got the date for the funeral on Monday and there should not have been any problems.

[sillgen]

Is it possible that the children were not of age so probate was delayed until they could apply for it?   
The National Archives research guides:

Wills and Death Duty Records, after 1858

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/probate/copies-of-grants-wills.htm


Wills before 1858:

http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=220

There is also a help guide on the Rootschat London and Middlesex boards (though it is helpful for understanding wills and the process generally)

A GUIDE TO WILLS IN THE LONDON AREA

http://www.rootschat.com/forum/index.php/topic,403342.0.html
IGI coverage http://freepages.genealogy.rootsweb.ancestry.com/~hughwallis/IGIBatchNumbers/CountryEngland.htm#PageTitle

[jim1]

A will didn't have to wait to be probated.It would be normal practice to state that a child would receive their share on reaching 21 or possibly on marriage if it happened sooner.

[Bookbox]

Why did it take so long?

A few more possible reasons ...

* the will was not found until several years after the death
* no-one bothered to apply for probate, if perhaps the estate was small and inheritance was not in dispute (but they may subsequently have needed it to get their hands on stock, shares, bonds etc.)
* one or more of the executors died before completing administration of the estate
* one or more of the executors declined to act
* one or more of the executors was a minor when the testator died (a beneficiary being a minor would not delay probate)

The writer of the will made her mark, but she also placed her seal. Is this common? Does it signify a certain status in society?

As a legal document, a will is normally sealed, irrespective of whether the testator signed or made their mark, or of their social status.

[tofgem]

Thanks everyone for your suggestions.
The sole executor was living with the writer of the will (at the time of writing). She was one of the beneficiaries, but the other two beneficiaries were her siblings and their legacies were conditional "they are living at the time of my death but, not otherwise.........the said legacies should be paid to each of them at the expiration of Twelve Calendar Months next after my decease". I suspect that these conditions together with the fact that at least one of the beneficiaries could probably not be found (he was in prison at the time of his mother's death), but I suspect that his abode was not known by his mother either.
Grateful thanks to you all.
Tofgem

All the beneficiaries were of age.