Genealogy Chat

My aunt died in 2004 ....supposedly leaving a Will. I have seen a copy but as a family we question it's validity so put a caveat which stops it going to Probate. Everything is still unresolved, so no Will record will be in the Registry. Gwyn

My parents left 'mirror Wills', i.e. they left everything to each other. My father therefore owned all my mother's personal effects (she died first) and disposed of them as he saw fit. There had always been much talk about 'I am leaving you Granny's brooch in my Will' and so on, but in fact these wishes did not appear in her Will. OC

I think the latter is the case OC, the only property was their own house, joint bank accounts etc. The question mark was about her jewellery and personal stuff. Steve, your message seems to have been hijacked!!! Sorry, does any of this answer your question? Duncan

If the sum was small, he could rip up the Will and go for an administration order (Think that is less than £5,000, but don't quote me!) However, that is a dodgy move, because Intestacy has its own laws and he could finish up losing out. Alternatively, if they owned everything in joint names and had joint accounts, etc, then no admin would be necessary either, just a death certificate to remove one name from all accounts and Deeds. OC

But if she did have a lot that was hers and it was in banks or property, he wouldn't have been able to get at it without probate. Otherwise we could all go ripping up wills we didn't agree with!!! Anne

Thanks OC & Kate, she probably didn't have much that was hers as opposed to theirs,so that could well be the answer. Then again, I know the husband...so I'm probably still right!!! Duncan

Duncan, as OC said, they won't have a copy of the will if it didn't go to probate, so it could just be that the estate wasn't large enough to require probate, so maybe the widower could just have dealt with it without having to have probate granted? (I mean, if she didn't have very much to leave)

Duncan Not necessarily...unlikely as it seems, they may not have applied for probate yet. Some people just don't bother, if the amount involved is small. But yes, I am sure some people tear up Wills which do not please them.... OC

Funny this should come up tonight, I was going to leave a message. I ordered a copy of a will from Cardiff, dated 1997, we know for 100% fact that a will was left. Yesterday we had a reply saying there was no record of a will, so we are guessing that the widower in question just ripped it up when the time came. Duncan

Haior splitting time again... You can only get a copy of a Will which has gone to probate and been proved. If a Will has not been filed, or proved, then you cannot get a copy of it. OC

You can send off for a copy - it will cost you £5. See here: http://www.hmcourts-service.gov.uk/cms/1226.htm Sam x

How do I find a copy of any Will that was made between 1950-2000? Thanks Steve