Author Topic: What if there wasn't a Will?  (Read 728 times)

Offline schimmellover

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What if there wasn't a Will?
« on: Tuesday 06 November 18 16:20 GMT (UK) »
Hi,
Can anyone tell me whether any information can be found about an estate if the person died without having made a Will?
I'm sure there must have to be some sort of legal process.  But is there any record of this that would be useful to family history research?

Many thanks

Offline Jebber

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Re: What if there wasn't a Will?
« Reply #1 on: Tuesday 06 November 18 16:29 GMT (UK) »
Someone has to apply for Letters of Administration, unfortunately you would only get the details of who applied, nothing about the estate.
CHOULES All ,  COKER Harwich Essex & Rochester Kent 
COLE Gt. Oakley, & Lt. Oakley, Essex.
DUNCAN Kent
EVERITT Colchester,  Dovercourt & Harwich Essex
GULLIVER/GULLOFER Fifehead Magdalen Dorset
HORSCROFT Kent.
KING Sturminster Newton, Dorset. MONK Odiham Ham.
SCOTT Wrabness, Essex
WILKINS Stour Provost, Dorset.
WICKHAM All in North Essex.
WICKHAM Medway Towns, Kent from 1880
WICKHAM, Ipswich, Suffolk.

Online CaroleW

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Re: What if there wasn't a Will?
« Reply #2 on: Tuesday 06 November 18 16:31 GMT (UK) »
If the deceased didn't leave a will but there were assets - somebody can apply for letters of administration.

If there were no assets and no will - there was nothing to apply for.

If L o A are applied for - distribution of the estate is determined by the probate registry

 
Census Information is Crown Copyright, from www.nationalarchives.gov.uk
Carlin (Ireland & Liverpool) Doughty & Wright (Liverpool) Dick & Park (Scotland & Liverpool)

Offline schimmellover

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Re: What if there wasn't a Will?
« Reply #3 on: Tuesday 06 November 18 17:43 GMT (UK) »
Thank you for the replies - saves me a blind avenue or two!


Offline StevieSteve

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Re: What if there wasn't a Will?
« Reply #4 on: Tuesday 06 November 18 18:11 GMT (UK) »
If the administration was granted between 1796 and 1903 you may get lucky and find an entry in the Death Duty Registers which could give some indication of where the assets ended up

If this applies you can search in the Wills section on FindMyPast for an index number that leads to the records at TNA
Middlesex: KING,  MUMFORD, COOK, ROUSE, GOODALL, BROWN
Oxford: MATTHEWS, MOSS
Kent: SPOONER, THOMAS, KILLICK, COLLINS
Cambs: PRIGG, LEACH
Hants: FOSTER
Montgomery: BREES
Surrey: REEVE

Online CaroleW

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Re: What if there wasn't a Will?
« Reply #5 on: Tuesday 06 November 18 18:31 GMT (UK) »
Wills etc from 1858 can be searched for free here

www.probatesearch.service.gov.uk/#wills
Census Information is Crown Copyright, from www.nationalarchives.gov.uk
Carlin (Ireland & Liverpool) Doughty & Wright (Liverpool) Dick & Park (Scotland & Liverpool)

Offline jonw65

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Re: What if there wasn't a Will?
« Reply #6 on: Tuesday 06 November 18 20:18 GMT (UK) »
What about the Succession Duty Act, 1853? And the succession registers at Kew.

Offline dawnsh

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Re: What if there wasn't a Will?
« Reply #7 on: Tuesday 06 November 18 20:55 GMT (UK) »

If L o A are applied for - distribution of the estate is determined by the probate registry

The Rules of Intestacy are clearly defined as to who gets what

https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

along the lines of spouse
if no spouse, then children
if no spouse or children, then parents
if no spouse, children, or parents then siblings
if none of the above, then uncles and aunts or where they have pre-deceased their children ie cousins.

Ultimately, if there is no-one else, then the estate goes to the Treasury or Duchies of Lancaster or Cornwall depending on residency
Census information Crown Copyright, from www.nationalarchives.gov.uk

Sherry-Paddington & Marylebone,
Longhurst-Ealing & Capel, Abinger, Ewhurst & Ockley,
Chandler-Chelsea

Offline StevieSteve

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Re: What if there wasn't a Will?
« Reply #8 on: Tuesday 06 November 18 21:16 GMT (UK) »
Didn't the intestacy rules change at some point, dawn? (To be honest, I don't know if it's in the order of 20 years ago or 200)

And I think the rules in Scotland are different, seeing as we don't know time and place of the OP's question

Middlesex: KING,  MUMFORD, COOK, ROUSE, GOODALL, BROWN
Oxford: MATTHEWS, MOSS
Kent: SPOONER, THOMAS, KILLICK, COLLINS
Cambs: PRIGG, LEACH
Hants: FOSTER
Montgomery: BREES
Surrey: REEVE