Author Topic: Probate with the wrong name  (Read 655 times)

Offline Patricia Houghton

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Probate with the wrong name
« on: Sunday 28 February 21 12:00 GMT (UK) »
This is a strange one.

A man using the alias Stirling CAMERON dies in Derbyshire on the 12/7/1926.
His death certificate is issued in his real name of Robert John FRANCIS.

4 years and 2 months later on the 26/9/1930 his Probate administration is issued but in the name of his alias, Stirling CAMERON.

I do not understand how this has come about

How can probate be issued on a death certificate in a different name ?
What would need to be done to achieve this feat ?
Would there be any resources / records / documents recording this name variant?

Any help greatly appreciated

Offline groom

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Re: Probate with the wrong name
« Reply #1 on: Sunday 28 February 21 12:20 GMT (UK) »
I see from the Government will site that administration was applied for by his widow Elizabeth Cameron. Perhaps she had papers to show that he had used the name Stirling Cameron and maybe there were assets in that name?

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Offline Patricia Houghton

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Re: Probate with the wrong name
« Reply #2 on: Sunday 28 February 21 14:58 GMT (UK) »
We know there was a piece of land he had purchased sometime around 1919 in the name of Stirling CAMERON but we have no idea how his wife Elizabeth could ever have managed to obtain Probate given she was illiterate all her life.

Offline mazi

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Re: Probate with the wrong name
« Reply #3 on: Sunday 28 February 21 17:18 GMT (UK) »
It is possible that a solicitor obtained probate on her behalf, and likely did all the paperwork, all she needs is to make her mark in front of a witness on the paperwork.

Itís quite usual to get a solicitor to apply for probate on your behalf, and do some of the work, charging on a time basis.

If a solicitor is the executor then his charges are much greater.

Mike


Offline Patricia Houghton

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Re: Probate with the wrong name
« Reply #4 on: Monday 01 March 21 10:30 GMT (UK) »
Thanks to you both, I think you have found my answer as to how Probate was issued.
I have the administration record and while Gross estate was £55.00. Net personal estate was only £25.00, which from what Mike said, does suggest that a Solicitor would have been involved and taken quite a cut.

If there are ideas/suggestions why it took so very long , 4years and 2 months does seem rather an excessive time even for a solicitor handling the probate, I would love to hear them.

Offline lizdb

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Re: Probate with the wrong name
« Reply #5 on: Monday 01 March 21 10:54 GMT (UK) »
I would imagine the reason Probate was granted in the name of Stirling Cameron would be because the Will was written in that name.   If that was the name he generally used, then it wouldn't be a case of it being the "wrong" name - you can legally call yourself anything you wish.
As for why it took so long - all sorts of reasons. Maybe his widow just did not know there was a Will, and only discovered some years later, or maybe, being illiterate as you say, she just never bothered with it until it was needed to release some asset or other at a later date.
Or maybe, with the death being registered in his birth name, it took a while to verify that this Will really did belong to the same person.
Edmonds/Edmunds - mainly Sussex
DeBoo - London
Green - Suffolk
Parker - Sussex
Kemp - Essex
Farrington - Essex
Boniface - West Sussex

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Offline mazi

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Re: Probate with the wrong name
« Reply #6 on: Monday 01 March 21 11:09 GMT (UK) »
If you have the administration record this suggests there was no will.

I think it likely that after 4 years his widow decided to sell the plot of land, a formal grant would be needed to legally complete this sale,  it would not be necessary to apply for a grant at the time of death, many small estates then could be dealt with without a grant of probate or administration.

Mike

Offline groom

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Re: Probate with the wrong name
« Reply #7 on: Monday 01 March 21 12:11 GMT (UK) »
As Mike said if Administration was applied for there wasn't a will. I doubt if it took over 4 years to sort, it just wasn't applied for earlier.
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Offline lizdb

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Re: Probate with the wrong name
« Reply #8 on: Monday 01 March 21 13:40 GMT (UK) »
Well spotted - I had missed the reference to "Administration"!  So -as you say - no Will.
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