Liverpool & South West Lancashire FHS - Forum

Have looked into the Wills website but couldn't see anything that would help. This is a family story (or maybe "Myth"). Hannah Daniels born Liverpool 1876, died in 1961, a spinster. The story goes that Hannah's estate was put into Chancery and that the beneficiaries would not be those of her generation, or the next, presumably meaning the grand-children of Hannah's brothers & sisters. Where does one apply to find out if this is fact or fiction. Regards Moya

Wills post 1858 were proved in the civil courts. You would need to check in the probate indexes to see if the lady left a will. Have a look at the section on the forum under Web sites and then wills.

I suggest you contact the Liverpool Probate Office to find out if she did indeed leave a will

LIVERPOOL
Liverpool District Probate Registry
The Queen Elizabeth II Law Courts
Derby Square
Liverpool
L2 1XA
Tel: 0151 236 8264
Email : liverpooldprenquiries@hmcourts-service.gsi.gov.uk

If Hannah died without leaving a will, a spinster with no children of her own and there were no 'qualifying claimants', as far as I understand the law her estate would eventually accrue to the Treasury. There is an interesting article here about the law on Intestacy and the UK Administration of Estates Acts provisions. http://www.wisewills.co.uk/intestate.htm

It lists the order of of entitlement to an estate or part thereof in the event of a person dying intestate, and at the end of the list is the Duchy of Lancaster!

As Education Officer suggests you need to check with the Liverpool Probate Office with regard as to whether Hannah left a will or not.

Dickiesam

Hello again Moya,
Just reread your post..

The story goes that Hannah's estate was put into Chancery and that the beneficiaries would not be those of her generation, or the next, presumably meaning the grand-children of Hannah's brothers & sisters. Where does one apply to find out if this is fact or fiction.

My innate curiosity, a terrible cross to bear (!), lead me to look up something about the history of the Chancery Court and first found this:

The Court of Chancery finally ceased to exist as a separate court as a result of the major reorganization of the whole judicial system by the Judicature Acts 1873 and 1875. Its jurisdiction was transferred to the Supreme Court of Judicature, most of the jurisdiction at first instance being assigned to the Chancery Division of the High Court.

See: http://www.oup.com/uk/orc/bin/978019956 ... e_ch01.pdf

Then my eye was caught by this in Wikipedia and I was minded of the Hannah I found in 1871.....

The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of lunatics and the guardianship of infants.

See: http://en.wikipedia.org/wiki/Court_of_Chancery

Next 'stop' the Probate Office...?

Dickiesam

Thankyou for the information, I have emailed the Probate Registry, to see if there was a Will. If it turns out there wasn't I'll be back for more advice. Regard Moya

Hi Moya,
If there wasn't a will there will be a record/file on what happened to the estate. The Probate Office should be able to tell you where to look next.

Dickiesam

The Probate office will tell you if there was a will or if someone applied for administration of the estate. If neither was done basically there was no estste. My grandfather died in 1961 there is no will or administration. he had no bank account, the house was rented, his pension stopped at death so there was no estate. Many would have been in a similar state.

Hilary
Ed Officer

If you find there was no Will, I wonder if this information will clarify or at least put things into simple English - can you tell I'm a follower of Heirhunters?
http://www.lostkin.co.uk/uk/heirs/probate_research.html

From memory of all those programmes, I believe the time limit of 30 years is placed on an heir turning up before the estate goes to the Goverment.