A Probate question - Genealogists' Forum

scuda · #1 24-02-10, 08:13

I have just received the Grant of Administration for the estate of an elderly widow (from Preston, Lancashire) who died intestate in June 1983. It was issued in January 1984 in favour of “the Solicitor for the Affairs of the Duchy of Lancaster for the use of Her Majesty in Right of Her said Duchy of Lancaster”. What does this mean?

My guess is that there were no next of kin, but it's less than a year after her death so I wouldn't have thought there would have been time to search for next of kin. Anyway, her death was registered by her brother, so he was probably her next of kin at that point (I think she was childless). Should I conclude he died shortly afterwards?

scuda

Olde Crone · #2 24-02-10, 08:56

scuda

When you die intestate in the Duchy of Lancaster, the Duchy has an interest in your estate - it gets at least half, I think, subject to various grudging conditions to close relatives.

No, you shouldn't conclude the brother died, this is the normal wording of admons in Lancaster (and Cornwall, which is also a Duchy)

OC

scuda · #3 24-02-10, 09:33

Thanks OC, I didn't realise that (not many of my researches stray into Lancashire). I suppose it just means that my £5 investment is no help to me whatsoever!

scuda

Olde Crone · #4 24-02-10, 09:43

I don't think the Duchy has a responsibility to search for NOK anyway, in intestacy, as only a spouse or dependant child would get the use of half the estate for their lifetime - a brother would not count as NOK.

As the brother wouldn't get a penny, he probably thought the Duchy solicitor could do his own dirty work, lol - why should he help him?

OC

scuda · #5 24-02-10, 12:26

Thanks again OC. If you live in Lancs there's more incentive than ever to make a will, by the sound of it!

scuda

JBee · #6 24-02-10, 12:57

Crikey never knew that - wonder how many people do.

Olde Crone · #7 24-02-10, 18:26

I was born and brought up in Lancashire, we moved away then went back again, by which time my father had learned about the Duchy and intestacy...he nearly caught fire!!!!!

I may be wrong - this is from memory - but if you die intestate in the Duchy, your spouse gets to stay in the marital home until any dependent children are of age...then you are out on yer ear and Prince Charles gets the lot.

Most people living in Lancashire (or Cornwall) make Wills!

OC

kiterunner · #8 24-02-10, 18:35

From Googling around, it looks as though the Duchy of Lancaster only gets to keep the assets of someone who dies intestate if there is no next of kin, same as the Crown in the rest of the country.

Uncle John · #9 24-02-10, 18:37

Quote:

Originally Posted by kiterunner

From Googling around, it looks as though the Duchy of Lancaster only gets to keep the assets of someone who dies intestate if there is no next of kin, same as the Crown in the rest of the country.

Fair enough but does the Duchy publish its own Bona Vacantia list or use the Treasury list or lay low and say nuffin'?

Olde Crone · #10 24-02-10, 21:20

Perhaps things have changed, I don't know. I just remember my father going blue in the face at the thought the CROWN would get hold of his money - the government would be bad enough, but the CROWN!!!! Lol.

It is the Crown solicitor who acts for the Duchy of Lancaster, not the Official (government revenue) Solicitor. I expect he is bound by certain procedures to ensure fair play these days, but I don't think that has always been so.

Probably best not to put it to the test - MAKE A WILL!

(Slightly askew of the topic, I wonder why there is no central place to register a Will BEFORE you die. At the moment, it's all a bit hit and miss and someone usually has to guess whether the deceased made a Will and if so, where it might be.)

OC