Author Topic: Sealed Probate  (Read 3846 times)

Offline pressingon

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Sealed Probate
« on: Monday 30 December 13 12:43 GMT (UK) »
My Grandfather Andrew Edward Gillen born 20th April 1882 in Glasgow, died 13 April 1951 in Glasgow. The Probate entry states : GILLEN or GILLAN Andrew Edward of 492 St. Vincent Street, Glasgow died 13 April 1951. Confirmation Andrew Gillen school teacher. Sealed London 10 June 1952.
Why was it sealed and is it possible to obtain details of the will or probate?
Thanks Pat
BRADLEY (Londonderry & Glasgow) GILLEN (Londonderry & Glasgow)
QUIGG (N.Ireland) LANE and BALLINGER (Gloucestershire)

Offline sporran

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Re: Sealed Probate
« Reply #1 on: Monday 30 December 13 12:59 GMT (UK) »
Hello Pat,


the English language has many subleties and confusions.  "Sealed" is this case means not that it is locked away in a vault, but that a seal has been applied by the authorities to show that the probate document has been approved and is not a forgery.  When dealing with a deceased person's estate, most companies dealing with money (life insurance, banks, etc.) will require a sealed copy of probate before releasing the assets.

Information about obtaining a copy of the probate is at http://www.justice.gov.uk/courts/probate/copies-of-grants-wills .


Regards,

John

Offline pressingon

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Re: Sealed Probate
« Reply #2 on: Monday 30 December 13 13:20 GMT (UK) »
John
Thank you for the explanation and advice I shall give it a go  :)
Pat
BRADLEY (Londonderry & Glasgow) GILLEN (Londonderry & Glasgow)
QUIGG (N.Ireland) LANE and BALLINGER (Gloucestershire)

Offline Little Nell

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Re: Sealed Probate
« Reply #3 on: Monday 30 December 13 22:28 GMT (UK) »
While he died in Scotland, he probably had some assets in England. The will/testament would be obtainable from the National Archives of Scotland.  http://www.nas.gov.uk/guides/wills.asp  Scroll down and there is an explanation about sealed or resealed records.

Nell
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Offline pressingon

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Re: Sealed Probate
« Reply #4 on: Monday 30 December 13 23:20 GMT (UK) »
Thanks Nell I will look at that but I would be amazed if he had any assets in England. From what I understand they were a relatively poor family living in rented tenement accommodation.
Regards
Pat
BRADLEY (Londonderry & Glasgow) GILLEN (Londonderry & Glasgow)
QUIGG (N.Ireland) LANE and BALLINGER (Gloucestershire)

Offline Forfarian

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Re: Sealed Probate
« Reply #5 on: Monday 30 December 13 23:35 GMT (UK) »
The specific point is that in the Calendars of Probate, 'sealed' means that the English courts accepted that the procedure elsewhere, probably in Scotland in this case, was valid, and they did not need to institute a full process of proving the will all over again under English Law.

You can order a copy of the will from the National Archives Records of Scotland, even though this is later than the last date for which wills can be viewed online at Scotland's People. See www.nas.gov.uk

Note that in Scots Law, there is no such term as 'probate'. The equivalent procedure is called 'confirmation' and the annual Calendars of Confirmation can be consulted in selected libraries and archives. These give the same sort of information as the English Calendars of Probate.
Never trust anything you find online (especially submitted trees and transcriptions on Ancestry, MyHeritage, FindMyPast and other commercial web sites) unless it's an image of an original document - and even then be wary because errors can and do occur.

Offline pressingon

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Re: Sealed Probate
« Reply #6 on: Tuesday 31 December 13 09:37 GMT (UK) »
Thank you Forfarian I have sent an enquiry and will keep fingers crossed  :)
BRADLEY (Londonderry & Glasgow) GILLEN (Londonderry & Glasgow)
QUIGG (N.Ireland) LANE and BALLINGER (Gloucestershire)