Author Topic: Person presumed dead - Admin of estate  (Read 470 times)

Offline cordley

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Person presumed dead - Admin of estate
« on: Monday 17 May 21 14:26 BST (UK) »
I have a gentleman on my tree for whom we cannot find a death - he was last seen travelling from the UK to Canada in 1912.  I have not found a return trip.

The next record I can find is UK Letters of Administration being granted in 1931 to his wife with Sureties being given by his two children.

The Grant says  "That on the 6th day of July 1931 by an order on motion made in this division it was ordered that on an application being made for letters of administration of the estate of the said intestate the death of the said deceased may be sworn to have occurred in or since the month of November 1915 aforesaid".

Is there anywhere I should look to find the detail behind this? Presumably the family must have made statements to the Probate Service, or similar, in order to get the Grant.

My assumption is that he got to Canada and either decided not to return, with or without telling the family, or something prevented him, eg death.  The mention of Nov 1915 suggests he communicated up till that time.

I have searched Canadian records and can't find anything, he could have changed his name of course.

Is there a statutory length of time someone is missing before he can be presumed dead?  Nov 1915 to July 1931 is just over 15 years?

Any ideas???

Pam




Online KGarrad

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Re: Person presumed dead - Admin of estate
« Reply #1 on: Monday 17 May 21 14:46 BST (UK) »
Has to be an application to the High Court, after 7 years missing.

https://www.gov.uk/get-declaration-presumed-death

See also:
https://en.wikipedia.org/wiki/Presumption_of_death#England_and_Wales
Which deals with how things were before 2013.
Garrad (Suffolk, Essex, Somerset), Crocker (Somerset), Vanstone (Devon, Jersey), Sims (Wiltshire), Bridger (Kent)

Offline cordley

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Re: Person presumed dead - Admin of estate
« Reply #2 on: Monday 17 May 21 16:09 BST (UK) »
So do you think the Court Papers are available anywhere?  Centrally or by County?

Tried a Surname search on National Archive but didn't find anything.


Offline DonM

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Re: Person presumed dead - Admin of estate
« Reply #3 on: Tuesday 18 May 21 11:40 BST (UK) »
Pam,

What is his name and date of birth.

Don
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Offline cordley

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Re: Person presumed dead - Admin of estate
« Reply #4 on: Tuesday 18 May 21 15:12 BST (UK) »
Hi Don,

Because this is mid-1900s I don't want to name publicly.

I'll send you a PM.

Pam