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UK Probates

ProfilePosted byOptionsPost Date

Frank

Frank Report 11 Jul 2016 02:22

I am searching UK probate records in the 1600s and note that sometimes administration of the estate, in the absence of a Will, is granted to the wife of the deceased and sometimes to the eldest son. Can anyone tell me if the admin is always granted to the next of kin, which presumably would be the widow if still alive, or can it be granted to a son with the wife still being alive?
Knowing this will tell me if it is possible whether or not the wife could still be alive when probate is granted to a a son.
Frank

Shirley~I,m getting the hang of it

Shirley~I,m getting the hang of it Report 11 Jul 2016 06:11

You can apply to do the administration of an estate in the absence of will if you are the spouse or child or partner of the deceased . A partner has to be living with the deceased at the time of their death but can't inherit anything .

So no set rules , a son may apply to be the adminstrator if they feel more able than the wife to do the necessary work involved . Don't forget too that some folks couldn't read or write then so they may have to use a solicitor to help them

Frank

Frank Report 12 Jul 2016 05:59

. Thats what I was hoping.. Thanks and much appreciated.

SylviaInCanada

SylviaInCanada Report 12 Jul 2016 20:29

also remember that women were "non-persons" back then, essentially the "property" of their fathers or husbands.

So a wife could also have been sidelined by the eldest son now regarding his mother as "incapable of handling" things such as administering an estate or business.