Probate recorded in Scotland and England

[LauraN]

Via Ancestry I have found probate recorded for Margaret Hardie (nee Dickison) in both the English and the Scottish probate records. The Scottish one is recorded first with the amount of the estate also recorded. The English entry is recorded early in the following year but the record is sealed. Does anyone know why there should be two records and why one would be sealed. Any help to understand this would be appreciated.
Links to both documents are below
Margaret Dickison/Hardie
Scottish Probate
https://www.ancestry.co.uk/imageviewer/collections/60558/images/40884_b206817-00266?pId=473967

English Probate
https://www.ancestry.co.uk/imageviewer/collections/1904/images/31874_222937-00088?pId=3765003

Thanks

 

[Stuart]

"Sealed" is the legal term for recognising something like a document as if it was local (as in "affixing our seal to it"). In this case it means the Scottish probate procedure is used as the basis for an entry in the English probate records. But all you'd find is a record back to the Scottish one - I don't think you'd even find a copy of a will. I'm not sure exactly which of the executrix's actions would need this English recognition - most likely where proerty in England is involved.

 

[peter]

The general rule is that if there is property in more than one jurisdiction then probate is required in each jurisdiction - this still applies today.

Within England this was resolved, prior to 1858, by having a hierarchy of church courts, each level increasingly more expensive but also more powerful - the Prerogative Court of Canterbury was at the apex.

 

[LauraN]

thanks for the information. It hasd been useful. The family lived in Roxburghshire which is near the English border so it may be that they did have property in England, though I haven't found any evidence for this yet. I shall watch out for any English connections as I investigate further. Thanks again

 

[Stuart]

From 1858 to 1971 the process of getting a local probate was simplified to (re)sealing, as explained for the inverse case in NRScotland's research guide on Wills and Testaments:

Probates resealed
Before 1858, if a person who normally lived in England, Ireland or Wales died owning moveable property in Scotland, the Commissary Court of Edinburgh was responsible for his or her executry, as it was, indeed, for those in the same situation in other parts of the world. From 1858, the procedure of 'probates resealed' was introduced. By this mechanism, the succession to the moveable Scottish property belonging to individuals normally resident in England, Wales or Ireland could be arranged by the English, Welsh or Irish court simply sending a copy of the local grant of probate or letters of administration to the Edinburgh Commissary Court. Up to 1901 these records are included in the ScotlandsPeople website. From 1925 onwards they can be found in the Calendar of Confirmations.

There were reciprocal arrangements in England, Wales and Ireland for those Scots residents who owned English, Irish or Welsh property.

After 1971, things were simplified even more by the Administration of Estates Act 1971 which gave automatic mutual recognition of grants of probate between Scotland, Northern Ireland, and England and Wales.

I'm pretty sure the main reason a local grant of probate in England was needed was for shares registered in London. Many who were self-employed would put their savings into a bank, and then for their retirement into shares. While once those companies would be local ones, from the late 1900s most of the investment opportunities would be in big London-registered companies. I can see exactly that happening in my father's family.

 

[peter]

This page from the London Lives website has some useful information about PCC wills.

 

[LauraN]

Thanks for this additional information. I don't see probate records but I've bookmarked these pages for the future
Thanks again for all your help