Author Topic: Intestate  (Read 1450 times)

Offline higgles

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Intestate
« on: Monday 19 September 11 20:37 BST (UK) »
My 3rd great grandfather died intestate in 1912. Despite the family challenging it, his money went to chancery. Where do I start looking to see if paper work on the court case exists?

Offline stanmapstone

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Re: Intestate
« Reply #1 on: Monday 19 September 11 21:12 BST (UK) »
If someone dies and has not left a Will they are said to have died intestate. In these circumstances the estate must be distributed according to the laws of intestacy which set out a statutory set of rules which leave a person’s estate to their next of kin in a fixed order.
http://www.graysons.co.uk/wills-intestacy.html
Did he not have any next of kin.
Stan
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Offline higgles

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Re: Intestate
« Reply #2 on: Tuesday 20 September 11 11:00 BST (UK) »
thank you for your response. I was going on information my Grandma had written down. I have now found the will, but how would I go about finding out about the court case when it was contested?

Offline MaryA

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Re: Intestate
« Reply #3 on: Tuesday 20 September 11 13:33 BST (UK) »
If there was a Will surely the money wouldn't have gone to Chancery?  Why would the family have contested the Will?
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Offline Billyblue

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Re: Intestate
« Reply #4 on: Wednesday 21 September 11 11:17 BST (UK) »
If there was a Will, he wouldn't have died intestate, unless:

- His executor/s predeceased him
- The will wasn't witnessed correctly, e.g. if one or more of the witnesses was also a beneficiary

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Offline higgles

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Re: Intestate
« Reply #5 on: Wednesday 21 September 11 11:33 BST (UK) »
I am obtaining a copy of the will. All I know is the story that my Grandma told me regarding the money from the estate going to chancery and that her father and grandfather were involved in a very long legal battle over the money from the estate (it was a lot). Having applied for a copy of the will, if it was contested will the paperwork for the court case be with it, or would I need to look elsewhere? This all happened from 1912.

Offline stanmapstone

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Re: Intestate
« Reply #6 on: Wednesday 21 September 11 11:51 BST (UK) »
Having applied for a copy of the will, if it was contested will the paperwork for the court case be with it, or would I need to look elsewhere? This all happened from 1912.

Have you seen Records of Chancery (1386-2004) http://www.nationalarchives.gov.uk/records/looking-for-person/civil-litigant.htm?WT.lp=rg-3155
It may help.
Stan
Census Information is Crown Copyright, from www.nationalarchives.gov.uk