Author Topic: Intestate - what exactly does it mean?  (Read 4031 times)

Offline carol8353

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Re: Intestate - what exactly does it mean?
« Reply #9 on: Thursday 11 August 16 08:17 BST (UK) »
Did they not find a will initially,hence him dying 'intestate' but it came to light later?
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Offline belfordian

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Re: Intestate - what exactly does it mean?
« Reply #10 on: Thursday 11 August 16 08:22 BST (UK) »
The will was always known about.
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Offline dawnsh

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Re: Intestate - what exactly does it mean?
« Reply #11 on: Thursday 11 August 16 08:30 BST (UK) »
Is there an entry in the Probate Calendar?

If there is what is the exact wording of it?

https://probatesearch.service.gov.uk/#calendar
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Offline belfordian

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Re: Intestate - what exactly does it mean?
« Reply #12 on: Thursday 11 August 16 08:53 BST (UK) »
On the Probate website it states Grant only.
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Offline dawnsh

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Re: Intestate - what exactly does it mean?
« Reply #13 on: Thursday 11 August 16 09:14 BST (UK) »
Sorry to be picky but the calendar entries usually say Probate, Admimistration or Administration with will.

All 3 options are Grants ie Grant of Probate, Grant of Letters of Administration etc

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Offline belfordian

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Re: Intestate - what exactly does it mean?
« Reply #14 on: Thursday 11 August 16 10:42 BST (UK) »
It definitely says "Grant only" on the Probate link. On the document obtained subsequently i.e Grant of Letters of Administration it says  the person died intestate, then names the administrator  and explains this grant is issued when a person dies without making a will and is issued to the administrator.

Death was 1971, grant was issued 2008 in connection with a compensation scheme application (successful) submitted re the deceased by the attorney of the deceased,s widow . No correspondence on this was received before 2016 when the grant was found on the Probate website.
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Offline mazi

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Re: Intestate - what exactly does it mean?
« Reply #15 on: Thursday 11 August 16 10:59 BST (UK) »
Death 1971, grant 2008, daylight at last  :).

The estate was dealt with without probate or admin. in 1971.  Quite normal and permissible.
a claim in 2008 on behalf of his beneficiaries would require the status of admin. So an application was made by an attorney.

I see nothing irregular in this.

The original question was about the death in 1971,  so yes as a small estate did not need probate or admin, even if there was a will

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Offline belfordian

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Re: Intestate - what exactly does it mean?
« Reply #16 on: Thursday 11 August 16 11:09 BST (UK) »
Thanks, Mazi! I could keep going round in circles with this one but it now seems to make sense. It was the word intestate which confused me. Many thanks to everyone who has helped!
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Offline majm

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Re: Intestate - what exactly does it mean?
« Reply #17 on: Thursday 11 August 16 11:13 BST (UK) »
Hi,

In New South Wales, Australia if you hold property as 'joint tenant' and you die, then the property is not part of your deceased estate, but your share automatically goes to the remaining living.  On the other hand, if it is held 'tenant in common' it is subject to the terms of your will.   If your will is challenged and it is determined to be invalid, or if you did not leave a will,  then your share of the 'tenant in common' property comes under NSW Succession Laws.

 http://www.legalanswers.sl.nsw.gov.au/guides/wills_estates/intestacy.html

http://www.tag.nsw.gov.au/wills-landing-page.html

JM
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