Locating paperwork resulting from probate process?

[Guest]

I'm asking for some help for a friend of mine, so I won't give any names at the moment.

If the estate of a deceased goes through probate, is it not always guaranteed that after creditors are paid etc, that the remainder goes to the next of kin? Does that person need to actually lodge a claim on the estate?

This all happened in 1961. Miss X, unmarried had an acknowledged son. After her death, with no will, the estate went to probate and the remaining money was left to Miss X's brother-in-law. We don't know if the sister who was married to the beneficiary was still alive, but Miss X's other sister certainly was, dying in 1972.

My friend was wondering if there was any legal time restriction to finding out anything about the possible beneficiaries discussed during probate.

I hope I've explained this properly, thank you in advance.

Amanda

[Guest]

I think you would have to put in a claim but not sure?
Read this

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

[dermotdjt]

Just had a quick chat with my wife (who does have some law qualifications) and she finds this very odd. She'll check her books but in essence
i) If the son was alive the remainder of the estate should have gone to him UNLESS he had been adopted out of the family.
ii) if the son was dead but Miss X parents were alive, the parents should inherit
iii) if the parents were dead, then the sisters would inherit, either 50/50 or all to the remining sister.

She does see how the brother in law could inherit.

if you want to PM me then please do but please note that my wife is not able to give formal legal advise. For that you do need to speak to a solicitor

regards

Dermot

[JudithM]

Technically, if the deceased person didn't leave a will, the estate went to administration, not probate. The person(s) who applied for letters of administration had to go before a JP to swear an oath that they would administer the estate according to the laws of intestacy, and then make every effort to track down the people who were legally entitled. When I did this the case was straightforward as it was close family and all who were involved were known to me but I believe if this is not the case the administrator may take out an insurance to cover the eventuality of another entitled heir appearing at a later date. Here's a link to a useful chart showing who inherits under the laws of intestacy. http://www.trethowans.com/cms/docume...art___2012.pdf

[Guest]

Thanks, Val. I've sent her that link.

Dermot, the son was still alive, so I will find out if anything happened to him re adoption out of the family.

Thank you for your offer of help, I will get back to you with any further info.

Amanda

[Guest]

Thank you very much Judith. Will pass that on.

Amanda

[Olde Crone Holden]

Agree with Judith - if the estate went to probate then the deceased DID leave a will. If it went to admon, I don't see how the BIL could inherit anything.

If the son was illegitimate then he would not inherit anything under intestacy laws AT THAT TIME, as far as I know.

OC

[JudithM]

Just a thought, is your friend taking her information from the national probate register online? If so the register only shows who was granted probate (or administration) and the amount of the estate, not who actually inherited. Could be that the brother in law was named as executor, or administrator, but that doesn't mean he inherited the money.

[Chrissie Smiff]

I agree with the others Amanda. If it says probate there should be a will. This is the form to apply for a search for a copy of grants (of administration) and wills - http://hmctsformfinder.justice.gov.u...pa001s-eng.pdf

This is the main page that explains it - https://www.gov.uk/wills-probate-inheritance/overview

[Guest]

This is what the entry in England & Wales, National Probate Calendar (Index of Wills and Administrations), says:

Miss X died........Probate...to solicitor blahblag and the brother-in-law beneficiary Mr Y. Effects £*****

Any help?

Amanda

[Chrissie Smiff]

That sounds to me as though there was a will and the brother in law was the beneficiary. It makes you wonder why though and I would want to see the will to see whether it gave any clues.

[dermotdjt]

Agree with Chrissie. As it is Probate then there should be a will. You would need to write to the Probate office to get a copy of the will to understand it fully

[JudithM]

Agree with Chrissie probate granted means there was a will. That wording still doesn't mean that Mr Y was the sole beneficiary though, only that he and the solicitor were jointly granted probate and that he was a beneficiary - could have been others.

[Chrissie Smiff]

Of course you are right Judith. I had realised that the solicitor and Mr Y had joint probate and couldn't understand why they had also mentioned the beneficiary. But of course they had mentioned it simply because he had ALSO been granted probate. Not necessarily that he was the ONLY beneficiary. I would get that form filled in Amanda on post #9.

[Uncle John]

Just what I was going to say. And no-one will know what the will said without buying it.

[Olde Crone Holden]

I have been an executor five times now and each time I was also a beneficiary in the Will. Four of those times I only received a token sum, as a reward for being an executor, which is totally unpaid unless you are a professional executor like a solicitor or bank official.

OC

[Guest]

Thank you all for your help, everyone. I am passing it all onto my friend and will let you know if she decides to go ahead and purchase the will.

Amanda