• All threads and posts regarding Coronavirus COVID-19 can be found in our area specifically for Coronavirus COVID-19 discussion.

    You can directly access this area >here<.

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

nick97

Registered User
Feb 16, 2020
57
0
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 :p - this is all starting to get mildly frustrating 🙃
 

jaymor

Volunteer Moderator
Jul 14, 2006
13,720
0
England
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.
 

nick97

Registered User
Feb 16, 2020
57
0
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

Registered User
Mar 1, 2013
3,484
0
West Hertfordshire
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

Registered User
Feb 16, 2020
57
0
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

Registered User
Jul 4, 2017
602
0
South east
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.
 

Elle3

Registered User
Jun 30, 2016
658
0
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

Registered User
Mar 1, 2013
3,484
0
West Hertfordshire
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

Registered User
Feb 16, 2020
57
0
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 😊
 

Sarasa

Volunteer Host
Apr 13, 2018
2,794
0
Glad you've got that sorted @nick97. I hope the funeral went as well as these things can in these strange times.