Hi all ive just downloaded an Deposition/inventory ( from scotdocs online) for the death of William Glass died 1889 kinross The strange thing is this Deposition, by his daughter, of his assetts was not made till 1901 following his wife's death in 1901 why wasnt it a deposition of her mothers assetts in 1901 any thoughts chris Glass Ruislip Uk

Hi Chris >>The strange thing is this Deposition, by his daughter, of his assetts was not made till 1901 following his wife's death in 1901 why wasnt it a deposition of her mothers assetts in 1901<< Because if his estate after his death had remained unadministered, legally it would still belong to him and not his widow. Kind regards Polly

Chris, Sometimes families choose to defer settlement of estates until after both parents are dead. This might happen for a few of reasons. 1) Husband dies leaving assets to wife. Or 2) Husband dies and leaves wife a life rent over the assets (ie use of the assets until the husband dies and then distributed under husbands will.) or 3) The beneficiaries of the father's estate (probably his children) don't want to upset mum by claiming their inheritance. The children might already have use of the assets and not be disadvantaged by delaying legal transfer of the assets. 4) No immediate need to settle the estate Typically the reasons include not upsetting/distressing the surviving parent and/or no immediate need to sell/dispose of the asset. The eventual beneficiaries often have use of the income earning assets anyway. Eg if there is a family farm or family business the children could continue operating this without waiting for settlement of the estate. In tracing the transfer and inheritance of property through Sasines I have on quite a number of occasions I have seen the property transferred through inheritance some 15 or 20 years after the death of the parent. Often it is disposed of very soon after its inheritance is recorded in the Sasines. Also, some families have the idea that all assets of the couple belong to the husband. I don't think this has any legal substance in recent times and it shouldn't have any place in the settlements of estates as recent as 1900. But I could be wrong on this. Steve Nethercote Melbourne, Australia *** Oak Tree: A nut that stood its ground *** -----Original Message----- From: J.C.Christopher Glass [mailto:chris@jccglass.fsnet.co.uk] Sent: Friday, 17 September 2004 11:31 AM To: OLD-ENGLISH-L@rootsweb.com Subject: [OEL] scotish inventory/probate Hi all ive just downloaded an Deposition/inventory ( from scotdocs online) for the death of William Glass died 1889 kinross The strange thing is this Deposition, by his daughter, of his assetts was not made till 1901 following his wife's death in 1901 why wasnt it a deposition of her mothers assetts in 1901 any thoughts chris Glass Ruislip Uk ==== OLD-ENGLISH Mailing List ==== SEARCHABLE archives for OLD-ENGLISH: http://listsearches.rootsweb.com/cgi-bin/listsearch.pl?list=OLD-ENGLISH

Thanks All i had no idea the probate/tax man was understand to allow deferement of administration cant see that happening today chris Glass ruislip

Chris, Today the taxman deems that you inherit on the date of decease of the person. This is irrespective of when probate and settlement occur. I don't know what they would do if probate duties applied - I expect that this estate would be too small to attract probate duties. I suspect that the duty would simply not apply until probate was applied for. In most places probate is only required when the value of the estate exceeds a certain amount. With only furniture and effects it would seem that the beneficiaries were "tidying up" after mum died. They probably didn't do it earlier so as to allow mum unhindered use. Steve Nethercote Melbourne, Australia *** Oak Tree: A nut that stood its ground *** -----Original Message----- From: J.C.Christopher Glass [mailto:chris@jccglass.fsnet.co.uk] Sent: Friday, 17 September 2004 10:21 PM To: OLD-ENGLISH-L@rootsweb.com Subject: Re: [OEL] scotish inventory/probate Thanks All i had no idea the probate/tax man was understand to allow deferement of administration cant see that happening today chris Glass ruislip ==== OLD-ENGLISH Mailing List ==== OLD-ENGLISH Web Page http://homepages.rootsweb.com/~oel/

In message <00af01c49c55$f14fab60$d65a893e@escom>, "J.C.Christopher Glass" <chris@jccglass.fsnet.co.uk> writes >Hi all >ive just downloaded an Deposition/inventory ( from scotdocs online) >for the death of William Glass died 1889 kinross > >The strange thing is this Deposition, by his daughter, > of his assetts was not made till 1901 >following his wife's death in 1901 >why wasnt it a deposition of her mothers assetts in 1901 possibly because father left his wife the use of them for life only - so when she died, they were still his assets 'borrowed' for the last 12 years. It is more of an English attitude than a Scottish one, but there you go. -- Eve McLaughlin Author of the McLaughlin Guides for family historians Secretary Bucks Genealogical Society