Probate application... why does the court need my mum's divorce details?

[nick97]

So I'm in the process of applying for probate as mum had no will, and HMCTS have gotten back saying they want my mum's divorce details, and I'm curious why.

It's a pain because my mum never talked how her life before I was born - she was divorced before I was born - and so now I have to pay £65 for a search over a period of ten years because I know absolutely nothing about her marriage, how long she was married, where she married, when she got divorced, etc.

The surviving members of my family are unsure when mum got divorced as they were too young... so I'm just having to guess a date range and hope I get it right.

Coupled with the process and cost of needing to re-register the house as mum threw the deeds away - I already made a thread moaning about that - this is all starting to get mildly frustrating ?

 

[Jessbow]

Please dont pay a fortune to a company.

 

[jaymor]

My thoughts are Without a will spouses inherit. Divorce removes the spouse from the picture as far as inheritance is concerned. So the divorce papers are needed to prove that your Mum’s former husband has no right to any inheritance there may be.

 

[love.dad.but..]

My understanding of probate and proving divorce is as @jaymor.

 

[nick97]

Well thanks to @Jessbow I think I can narrow the dates down and the court will be able to find the paperwork.

Be glad when all this gets sorted out, not going to lie ?

 

[Jessbow]

If You cant find the divorce, Buying both marriage certs might be a way forward, on the assumption
a) he didnt remarry without divorcing your mother - unlikely
b) That the fathers named on both marriage certs match- which would prove it was the same man.

It wont PROVE they divorced but would prove that he remarried, which would served the same purpose I guess.

Shout me if i can be of any more ssistance

 

[nick97]

I'm sure they were properly divorced because I saw on some insurance application once that mum put she was divorced.

But yeah I hope so! Otherwise what a nightmare that'll be ?

 

[Melles Belles]

I hope you can find the divorce information.
If not get the marriage certificate and then search to see if he has already died which much be a distinct possibility.

 

[Jessbow]

I hope you can find the divorce information.
If not get the marriage certificate and then search to see if he has already died which much be a distinct possibility.

He hasn't that I can see, although on line deaths stop some time around 2007.

 

[Elle3]

Hi, when researching family tree information, you can sometimes get information regarding marriages and divorces. If you know her maiden name and take a guess when approximately she married you might be able to find the record of the marriage and then you can get a copy of the certificate from the GRO for £11.

 

[Jessbow]

Hi, when researching family tree information, you can sometimes get information regarding marriages and divorces. If you know her maiden name and take a guess when approximately she married you might be able to find the record of the marriage and then you can get a copy of the certificate from the GRO for £11.

We have managed to establish when they married,and when it appears he remarried. I'd for the assumption that the divorce happened between the two - lets hope so!

 

[nick97]

Court have found mum's divorce, and they're going to send me the certificate, so hopefully things can move forward now.

Letter actually turned up on the day of mum's funeral, which made the day a little brighter ?

 

[Jessbow]

Excellent news. Thats one worry less. Onwards

 

[Sarasa]

Glad you've got that sorted @nick97. I hope the funeral went as well as these things can in these strange times.

 

[Mischiv]

So I'm in the process of applying for probate as mum had no will, and HMCTS have gotten back saying they want my mum's divorce details, and I'm curious why.

It's a pain because my mum never talked how her life before I was born - she was divorced before I was born - and so now I have to pay £65 for a search over a period of ten years because I know absolutely nothing about her marriage, how long she was married, where she married, when she got divorced, etc.

The surviving members of my family are unsure when mum got divorced as they were too young... so I'm just having to guess a date range and hope I get it right.

Coupled with the process and cost of needing to re-register the house as mum threw the deeds away - I already made a thread moaning about that - this is all starting to get mildly frustrating ?

I’m having similar issues with probate do I need to submit my parents divorce papers if both have passed away with the last 10 months .. Iv had to apply for probate and now they asking for divorce papers but I’m struggling to find but my parents have both passed away my dad April 22 and recently my mom .. so do I still need the divorce papers

 

[Bod]

Contact the Probate office, and ask them.
I suspect the wording of the Wills may be unclear.

Bod

 

[Jessbow]

probably do - you know he died recently/pre dec'd her - - probate office still need to check its all in order