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Entry on probate record

Entry on probate record

Posted: 3 Apr 2013 10:40PM GMT
Classification: Query
Does anyone know what it means when on the probate record it states that the money was left 'to The Public Trustees'? See attached for Fullarton James. I know his wife and one of his children were already dead (I haven't found the other childs death yet), so wondered where the money went?!

Any ideas gratefully received!

Andrea
Attachments:

Re: Entry on probate record

Posted: 4 Apr 2013 3:04AM GMT
Classification: Query
Hi,
I looked at Google and it appears it's a governement dept. charged with looking after the interests of under age children?

Regards

Sandra

Re: Entry on probate record

Posted: 4 Apr 2013 11:25AM GMT
Classification: Query
Hello Andrea

I think you may be misunderstanding the entry in the probate calendar which states that probate was granted to the Public Trustee. The calendars give the name of the person (or persons) to whom the grant of representation (either probate or administration) is granted in order that they may administer the deceased person's estate (i.e. bringing together all their assets and distributing them appropriately). The calendars do not name the beneficiaries of the estate (i.e. the person or persons to whom the estate was left or who are entitled to all or a share of it in the absence of a will).

The Public Trustee is, effectively, the "executor/administrator of last resort". He becomes involved if a will does not appoint executors (or if the executors named are dead or unwilling to act) and there is no appropriate living person who can or will accept the responsibility of administering the estate.

The actual grant of probate, which you can get from the Probate Service for £6.00, might give you more information. Details of how to send off for it are given at http://www.justice.gov.uk/courts/probate/copies-of-grants-wi....

Hope this helps

Caroline

Re: Entry on probate record

Posted: 6 Apr 2013 9:54PM GMT
Classification: Query
Thank you both for your replies, very helpful indeed. The fact that the person named is effectively the executor or administrator of the will makes much more sense - the more probate entries I looked at, I thought it was odd that so many people left all their estate to just one or two people, or sometimes to a bank! It explains a lot!

It was a very large amount of money, £660,000 in todays money, I wonder where it all went, charities hopefully.

Many thanks again to both of you

Andrea

Re: Entry on probate record

Posted: 7 Apr 2013 11:29PM GMT
Classification: Query
One point has not been mentioned. The Public Trustee could actually be appointed directly as the Executor of an estate. Originally, I believe, this was to help poorer and less well educated people who perhaps did not have relatives educated enough and not enough money to stand lawyer's fees, to know their bits of property would be administered by a qualified person, it also meant that however long it might be until the Will was finally cleared it would not be bedevilled by Executors popping their clogs. I think I read somewhere that this function was phased out fairly recently, although I could be wrong there. It had become less and less popular for another reason. The Public Trustee was more than careful about where he put any money for keeping - something like the Post Office Savings Bank was about their limit. I had personal experience of this with a Will written in the 20s which held the capital in trust for one person for her lifetime and when she died was to be divided amongst a list of others. She did not die until the mid 90s and had actually had nothing since 1939 beause she was German and from the outbreak of war in 1939 all dividends had gone to "The Receiver of Enemy Property" and as there was no Peace Treaty between Germany and the Allies, technically we were still "at war". When she died just about the time a Peace Treaty was signed the "others" got the leftovers. Most of them were also dead by then but it was a model of sound investment. The original capital sum was £2000 - when it was paid out 70 years later the Public Trustee had increased it to a staggering £5,600! Hope they did better with yours!
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