Legal Tip 393: Probate granted almost 100 years after death

There is a case where Administration (similar to probate) was granted about 100 years after the death of a person.

The will was dated 1903 and Elizabeth, the testator, died in 1907.

The son of Elizabeth was named as the executor of the will, but he died 46 years after his mum’s death without ever applying for probate. He missed out on enjoying his inheritance.

Land owned by Elizabeth was sold over the years by council due to unpaid rates and the proceeds passed to the public trustee as unclaimed monies – this amounted to $500,000 plus interest at the time of the court case in 2015.

Somehow this recently came to notice and then it was a case of applying for administration and finding all the relatives who would benefit under the will – they would all be dead likely so their descendants would need to be located.

The applicants were appointed administrators and it would be their job to locate everyone and all the assets and then go back to court to seek orders on the distribution.



Re: Starkey [2015] QSC 32 http://archive.sclqld.org.au/qjudgment/2015/QSC15-032.pdf


The next time you receive an email saying that you are the beneficiary of a deceased estate it may not be spam or a scam. It could be real. I received one of those emails once, at my law firm email address and deleted it, but I went back and checked it and it was some UK lawyers who were trying to track down a client of mine whom I helped obtain probate. She had moved a few times and they couldn't find here. It turned out that just before her husband died the husband's sister in the UK had died and she had left assets to her husband who in turn had left all his assets to his wife - my former client.

 

Many old estate cases in UK. They have specialist law firms who get a cut to chase old claims. Like a bounty hunter. Often old property estates and the like. I had a client contacted by one who started with the line...You may think this is a fraud. Its isnt. We are a reputable law firm. We think you may have a legal entitlement.... They received several hundred thousand from some distant relative who died.