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Help to understand Probate Info Plse

ProfilePosted byOptionsPost Date

Stephanie

Stephanie Report 5 Mar 2007 23:03

the website your looking for is http://www.bonavacantia.gov.uk/ bona vacantia literally translates to ownerless goods

An Olde Crone

An Olde Crone Report 15 Feb 2007 19:56

If you die intestate in Cornwall, then your affairs are administered by the Duchy of Cornwall, who, after making small lifetime provision for dependents, cop the lot. There is a site which deals with uncliamed inheritances, but as this was NOT unclaimed (i.e. the money belongs to the Duchy of Cornwall, by law) I doubt if your relative's estate will be on it. The site has a very peculiar name which I cannot remember - I will ask Heather PT, as she knows the name of the site. OC

Porkie_Pie

Porkie_Pie Report 15 Feb 2007 18:09

I suggest that your freind seeks legal advice, as far as i no if there is no will (solicitor will find one if it exists) then the nearest blood rellie is next of kin Roy

Anne

Anne Report 15 Feb 2007 18:09

If there was any estate then it would have either been left in a will (and be in the probate calendars) or if he did not leave a will and the estate was of even modest size it should have been administrated and STILL be in the Probate caledars. As to who gets what when someone does not leave a will: this must follow a set pattern and it does NOT all go to the first next of kin. It follows a rule about parents, siblings, children etc. I believe there must be some sort of official input into the distribution of the estate because Banks, shares etc will not just accept anyone's word for a death but will freeze an account until they get the grant of Probate. Either the Library did not look far enough (could be several years after the death) ot there's been some funny business. Anne

Maureen

Maureen Report 15 Feb 2007 17:56

Anne and Roy Thanks for replying. What would you make of this and where - if anywhere would you go from here? Man leaves his wife and children approx 1950, lives with another lady and her young Son. Never divorces his wife. The lady dies 1977 - informant the Son Man dies 1988 - informant the womans Son In 1989 after her Mother died the daughter of the marriage tries to find out what has happened to her Dad, discovers that it appears he was once wealthy, owning garages and a hotel, (That is info obtained from people in the village where he died in Cornwall) I suggested she tried to find info from Probate Calender, received the 'No Grant Representation' message back. So can it be assumed he died without leaving a will? Maureen

Anne

Anne Report 15 Feb 2007 17:11

So, in short, presumably the library did not find a record of the probate in the Calendar? Anne

Porkie_Pie

Porkie_Pie Report 15 Feb 2007 17:02

What is a Grant of Representation? A grant of representation is a document issued by the Court which enables the person(s) named in it to deal with the assets and belongings ['estate'] of the deceased. It allows the money in banks, building societies etc. to be collected, property to be sold or transferred and debts to be paid. There are three types of grant of representation: Probate: granted to the executors named in the Will Letter of Administration [with Will]: granted to someone other than an executor when the deceased left a valid Will, and Letters of Administration: granted when the deceased did not leave a Will. All these documents give the same authority to administer the estate. Throughout this guidance, the word 'grant' will be used to describe all three. From http://www.hmcourts-service.gov.uk/cms/1226.htm#grantofrep for more info go to the site above Roy

Maureen

Maureen Report 15 Feb 2007 16:56

A friend recently trying to trace the will of rellie wrote to a Library asking if the National Probate Calender could be checked. The answer he received was that there was 'No Granted Reprensentation' Could any -one tell me in plain English what this means please. Many Thanks Maureen