Scotland Land and Property: Difference between revisions

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If a person died 'intestate' (without leaving a document for probate) and had no known heirs, the Crown was the 'last heir' or 'ultimus haeres.' There is no succession to or through the mother for either heritable or moveable property. If the deceased has only relatives on his mother's side of the family, including half-brothers and sisters, they could not directly inherit. However, relatives could '''petition''' the Crown to inherit a portion of an estate. Location of these petitions are handled as follows:  
If a person died 'intestate' (without leaving a document for probate) and had no known heirs, the Crown was the 'last heir' or 'ultimus haeres.' There is no succession to or through the mother for either heritable or moveable property. If the deceased has only relatives on his mother's side of the family, including half-brothers and sisters, they could not directly inherit. However, relatives could '''petition''' the Crown to inherit a portion of an estate. Location of these petitions are handled as follows:  


*Grants of petitions for moveable property before 1834 were recorded under the Privy Seal. Indexes survive in various forms including minute books. 
*Grants of petitions for moveable property before 1834 were recorded under the Privy Seal. Indexes survive in various forms including minute books.  
*Grants of petitions for heritable property before 1834 are sporadic and unindexed.
*Grants of petitions for heritable property before 1834 are sporadic and unindexed.
*Records since 1834 are more consistent and complete and are indexed by the name of the deceased.
*Records since 1834 are more consistent and complete and are indexed by the name of the deceased.