Delay between death and will

[ThrelfallYorky]

I've got one will where there was a what looks like a change of executors between the first probate date and the later date, and both are quite some time after the actual death - perhaps someone vital couldn't be traced at the time, or similar...

[carol8353]

When we made our wills,the solicitor advised us against naming a particular person as an executor incase they died before us. We we told to name the solicitors or one of their partners then there would be no delay in carrying our our wishes( unless the company went broke of course  )

So maybe an executor died before the deceased person and they spent a long time trying to find who else qualified to fulfil the role?

[LizzieW]

When we made our wills,the solicitor advised us against naming a particular person as an executor in case they died before us. We we told to name the solicitors or one of their partners then there would be no delay in carrying our our wishes( unless the company went broke of course  )

Of course they'd give you that advice, they will charge to execute the will, so unless you have an extremely complicated will, or businesses involved it's quite easy for most ordinary people to do the job.  My husband and I named 2 of our children as executors.

[carol8353]

  My husband and I named 2 of our children as executors.

So did my gran,but her only child,my dad, died when he was just 46 in 1970,and she went on for a further 18 years.

So her will had to be changed and we chose solicitors again for that very reason.

[LizzieW]

My F.I.L died in 1963 and his probate wasn't finalised for quite a few years.  He was a partner in a two man business and, obviously this delayed things.  My M.I.L had to decide whether she wanted to take over the partnership or transfer it to the other partner and there were various other complications.  I know she managed to sell their house and move to a flat before probate was finalised because the house was automatically transferred to her.

Ironically, the executor was a very distant relative of mine (and no relative of my in laws), although we didn't find that out until many years later when I started doing my family history.

Carol - Fortunately, we have 6 children so if any of them die before us, then one of the others will replaced the deceased one as executor.  We also already have 8 adult grandchildren so even one of them could become executor if necessary.  (We also have 4 grandchildren under 12)

[Jebber]

There are various reasons where Probate can be delayed. I have several cases of delay in Probate.

The longest gap I have is a will that didn't go to Probate until twent-five years after the death in the early 1800s. His wife and and her brother  were named as executrix and executor,  they had to act jointly, not independently. After the business was sold,  the estate was left in trust for the benefit of the wife during her lifetime, then everything passed to their only son who was in living in America. However, the wife died before the will went to Probate, her brother had to wait for the son to return to England before Probate could be granted.

[BushInn1746]

When we made our wills,the solicitor advised us against naming a particular person as an executor in case they died before us. We we told to name the solicitors or one of their partners then there would be no delay in carrying our our wishes( unless the company went broke of course  )

Of course they'd give you that advice, they will charge to execute the will, so unless you have an extremely complicated will, or businesses involved it's quite easy for most ordinary people to do the job.  My husband and I named 2 of our children as executors.

Yes, if naming Solicitors as Executors, the Solicitors Bill will be charged and deducted from the Estate value.

If the Executor dies, the Testator appoints a replacement (for England see link).

Executors need to be persons who are organised, will keep the records (of Money collected in and Bills paid out) filed; you know the Executors well, you can trust and who have confirmed to you as Testator, will actually deal with the Will. Basically an Executor is settling up all the deceased finances and assets in accord with the Will and relevant Law.

There was a complaint on UK Television, where a Will writing company (who kept the Wills) went Bankrupt and when the Wills were applied for, the Offices were empty and the Wills were lost. So consider the security of the Will too.

UK - a few general links
https://www.gov.uk/make-will/updating-your-will

https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will

Who Inherits, when no Will - UK
https://www.gov.uk/inherits-someone-dies-without-will


Mark

[melba_schmelba]

Thanks Majm. If only there was a similar stipulation in this will, I could understand it. But unfortunately it's fairly stock standard, leaving everything to his wife.
From your example though, it shows there could have been any number of reasons for a delay in a will.

Had a similar example, the husband's will wasn't proven until his wife died.

[pinefamily]

Thanks to everyone who has shared their thoughts and suggestions. Apologies for not replying but we are in the middle of moving house, and I have just started a new job, so everything is hectic at the moment.
This will just leaves everything to the wife, without stipulating any particulars of what he had, and the wife was made sole executrix. The will was granted probate in 1807, and the widow didn't die until 1816 (her will was proved 2 years later in 1818). The only thing I can see that is out of the ordinary is there were no witnesses to his signing. As far as I know, the brother, who was one of those who stated the will and signature to be true, was working for the testator as a clerk.
As for a nonconformist burial, the testator was the son, grandson, and brother of clergy, so while I can't rule it out, it seems unlikely.
And thanks to one most helpful Rootschatter, who doesn't like to be named, but who has helped me immensely with this family. You know who you are.