Author Topic: Probate question  (Read 1066 times)

Offline lizdb

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Re: Probate question
« Reply #9 on: Friday 06 December 13 08:52 GMT (UK) »
Sorry, dont know.

But if you get a copy of the actual will, you willsee the date it was written. It may also become clear what relationship the executor is.
Edmonds/Edmunds - mainly Sussex
DeBoo - London
Green - Suffolk
Parker - Sussex
Kemp - Essex
Farrington - Essex
Boniface - West Sussex

census information is Crown Copyright from www.nationalarchives.gov.uk

Offline yekepa

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Re: Probate question
« Reply #10 on: Saturday 07 December 13 13:12 GMT (UK) »
Jean,
 I am Sorting out Probate at the moment as an Executor, beware if you are in the same situation, as I have had 6 months of trouble from a relative, ending in threat of court action, he then backed down very swiftly. Initally before engaging a solicitor I found one who gave me half an hour of free advise, he read the Will and interperated  it for me,  might be worth you checking this out
Good luck
Yekepa

Offline Jean McGurn

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Re: Probate question
« Reply #11 on: Sunday 08 December 13 04:56 GMT (UK) »
I am not in any way connected to the will. It is from 70 years ago.

Without going into too many details I am trying to solve a mystery for my own satisfaction. I don't want to go into any names as I do not want to upset any of this chaps descendants especially if I am wrong.

Jean
McGurn, Stables, Harris, Owens, Bellis, Stackhouse, Darwent, Co(o)mbe

Offline jbml

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Re: Probate question
« Reply #12 on: Sunday 08 December 13 12:58 GMT (UK) »
Jean -

The answer will almost certainly lie in the will - ESPECIALLY if the name is a common one.

Short tutorial follows.

The people who deal with a person's estate after their death, collect in the estate3 assets, pay any debts and taxes due, and distribute the remaining estate to the people entitled to it are known as PERSONAL REPRESENTATIVES.

There are two types of personal representative: Executors, and Administrators.

Executors are personal representatives who are named in, and appointed to act by, the deceased person's will.

Administrators are personal representatives who are appointed by the Court where there is no will, or where there is a will but it either does not name any executors, or it does name executors but the named executors are all either dead, untraceable, or otherwise unable or unwilling to act.

In either case you will expect to have a Grant - that is a formal Court document recognizing the right of the Personal Representatives to act in relation to the estate and to deal with the deceased's assets. In the case of executors, this will be a Grant of Probate. In the case of Administrators, it will be a Grant of Letters of Administration (in the case of administrators appointed where there was in fact a will, it will be a Grant of Letters of Administration with Will Annexed).

If the widow was an Executor and not an Administrator, then there WAS a will (whether it has survived or not is another matter) which named her as executor. If it was a common name, then one would expect the will draftsman to have anticipated the possibility of uncertainty as to who was intended to be appointed, by saying either "my wife Martha Smith" or "my mother Martha Smith" or "My sister Martha Smith" (as the case may be) ... and this should give you the steer you need as to the executor's relationship to the deceased.

So ... the will is likely to be your key document.
All identified names up to and including my great x5 grandparents: Abbot Andrews Baker Blenc(h)ow Brothers Burrows Chambers Clifton Cornwell Escott Fisher Foster Frost Giddins Groom Hardwick Harris Hart Hayho(e) Herman Holcomb(e) Holmes Hurley King-Spooner Martindale Mason Mitchell Murphy Neves Oakey Packman Palmer Peabody Pearce Pettit(t) Piper Pottenger Pound Purkis Rackliff(e) Richardson Scotford Sherman Sinden Snear Southam Spooner Stephenson Varing Weatherley Webb Whitney Wiles Wright


Offline yekepa

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Re: Probate question
« Reply #13 on: Sunday 08 December 13 13:38 GMT (UK) »
JBML
Note please - you sent this to wront person!

Offline jbml

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Re: Probate question
« Reply #14 on: Sunday 08 December 13 13:47 GMT (UK) »
Didn't send it to anyone - just posted it to the MB, that's all
All identified names up to and including my great x5 grandparents: Abbot Andrews Baker Blenc(h)ow Brothers Burrows Chambers Clifton Cornwell Escott Fisher Foster Frost Giddins Groom Hardwick Harris Hart Hayho(e) Herman Holcomb(e) Holmes Hurley King-Spooner Martindale Mason Mitchell Murphy Neves Oakey Packman Palmer Peabody Pearce Pettit(t) Piper Pottenger Pound Purkis Rackliff(e) Richardson Scotford Sherman Sinden Snear Southam Spooner Stephenson Varing Weatherley Webb Whitney Wiles Wright