Will confirmed in England and Scotland: Why?

[rolt968]

Can any legal experts out there explain in what circumstances a will needed to be confirmed in both England and Scotland? I have met it many times before but that seemed to be where there was a reasonably high value of property involved and the likelihood assets might be in either country.

 

I wonder if in this case it was because the solder concerned  was Scot serving in an English regiment.

 

The will was presented by his mother (sole legatee) in Dundee. The actual will does not exist but it has been transcribed in the court records. It takes a form similar to a soldier's will. It was witnessed by two civilians and annoyingly does not say where it was made. It was confimed in Dundee on 21 November 1917 and London 30 November 1917. The sum involved was not very big.

RM

Edited 4 June , 2019 by rolt968

[rolt968]

I have been looking through the documents I have and this is even more interesting. There is the flyleaf to the soldier's will at Scotlandspeople, but no will. In the soldier's record there is the tattered remains of a letter from the mother acknowledging the receipt of the man's possessions and asking where the will is. Unfortunately at that point there is a big piece of the letter missing.

RM

[ss002d6252]

Who is the man in question ?

Craig

[rolt968]

2 hours ago, ss002d6252 said:

Who is the man in question ?

Craig

Pte Joseph Clark Beedie, East Kent Regiment:

RM

 

[ss002d6252]

Thanks.

I'll have a look through my documents tomorrow and see what I've got (i'm sure I have something) - be sometime tomorrow afternoon/evening as I'm sitting in a morning/early afternoon court session.

 

Craig

[rolt968]

20 minutes ago, ss002d6252 said:

Thanks.

I'll have a look through my documents tomorrow and see what I've got (i'm sure I have something) - be sometime tomorrow afternoon/evening as I'm sitting in a morning/early afternoon court session.

 

Craig

Thank you!

[ss002d6252]

s21 of the Regimental Debts Act 1893 covers the requirement for the estates to have the wills deposited but it doesn't seem to assist too much in the double registration.
 

Quote

 

21 Deposit in court of probate, etc, of original wills in hands of Secretary of State, and declaration of intestacy

(1) Where any original will of a person dying while subject to, whether he died before or after the commencement of this Act, comes to the hands of a Secretary of State, and representation under the same is not taken out, then the Secretary of State may cause the same to be deposited as follows:

(a) Where the domicile of the testator appears to the Secretary of State to have been in Scotland, then in the office of the commissary clerk of the commissary court of the county of Edinburgh:

(b) Where the domicile of the testator appears to the Secretary of State to have been in Ireland, then in the place for the time being appointed in Dublin for the deposit of original wills brought into the High Court in Ireland:

(c) In any other case, in the place for the time being appointed in London for the deposit of original wills brought into the High Court in England.

(2) Where a person dies while subject to intestate, and under this Act any residue of his property comes to the hands of the Secretary of State, and representation to the deceased is not taken out, then the Secretary of State may, if it seems fit, cause a declaration of his intestacy to be deposited in the place or office where his original will (if any) would be deposited as aforesaid.

(3) In every such case the Secretary of State may cause to be deposited, together with the original will or declaration of intestacy, an inventory showing the personal property of the deceased, and the application thereof, as far as the same is known.

(4) Every such original will, declaration of intestacy, and inventory shall be preserved and dealt with, and may be inspected, subject and according to the same rules or orders and on payment of the same fees as any other like documents deposited in that office or place, or subject and according to such other rules or orders and on payment of such other fees, as may be made or fixed in that behalf by the court, judge, or other authority empowered to make rules or orders in relation to other documents deposited in the same place or office.

Initial Commencement

Specified date

Specified date: 1 October 1893.

 

 

 

I also notice that the effects form 118 authorising the release of any items was issued 21 May 17 (and received at the record office on 23 May 17). The release of items was authorised exactly 6 months before the Scottish date of registration of the will (Not sure if that is coincidence or not).

 

Craig

[rolt968]

Many thanks Craig.

 

The soldier's will was dated at the War Office on 18 May 1917. 

 

Mrs Beedie (mother) wrote to the WO acknowledging receipt of her son's property and asking about the soldier's will which she knew left everything to her on 4 June 1917. Unfortunately the rest of the letter is illegible.

 

I wonder if the WO presented the will for her in London then sent it to her. I think there would have been enough time between the two dates.

 

One curious point. Both the Scottish Probate Register and the Registers of Soldiers' Effects call Mrs Helen Beedie the Executrix Nominate. Strictly speaking she wasn't. She was sole legatee. (Assuming that the sheriff court transcription is correct.)

 

Sadly in November 1917 she was sorting out the estates of two sons who were killed in action. They are listed next to each other in the Scottish Probate Register.

 

RM

 

Edit: Helen Beedie presented both will and inventory in Dundee.

Edited 5 June , 2019 by rolt968