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Q: Who Inherits Property held by an Alias? (English Law) ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Who Inherits Property held by an Alias? (English Law)
Category: Miscellaneous
Asked by: megagaga-ga
List Price: $10.00
Posted: 26 Apr 2003 02:50 PDT
Expires: 26 May 2003 02:50 PDT
Question ID: 195684
A man, now deceased, left a validly executed Will in which he gave
'all my property whatsoever and wheresoever' to his beneficiaries.

He was domiciled in England and for the past 20 years or so of his
life, he also operated under an alias.

Under English Law, should the Alias's property be gathered into the
Estate?

Obviously, professional legal opinion will be sought but what is this
Court's ruling and are there any precedents that can be quoted?
Answer  
Subject: Re: Who Inherits Property held by an Alias? (English Law)
Answered By: hlabadie-ga on 26 Apr 2003 12:37 PDT
Rated:5 out of 5 stars
 
Yes, the property held under an alternative name or alias should be
included in the estate. The Wills Act of 1837 is unambiguous that
bequests include "any personal estate, or any personal estate to which
such description shall extend (as the case may be), which he may have
power to appoint in any manner he may think proper":

Wills Act 1837 (-)
http://www.swarb.co.uk/acts/1837WillsAct.html

"27. A general gift of realty or personalty shall include property
over whlch the testator has a general power of appointment a general
devise of the real estate of the testator, or of the real estate of
the testator in any place or in the occupation of any person mentioned
in his will, or otherwise described in a general manner, shall be
construed to include any real estate, or any real estate to which such
description shall extend (as the case may be), which he may have power
to appoint in any manner he may think proper, and shall operate as an
execution of such power, unless a contrary intention shall appear by
the will; and in like manner a bequest of the personal estate of the
testator, or any bequest of personal property described in a general
manner, shall be construed to include any personal estate, or any
personal estate to which such description shall extend (as the case
may be), which he may have power to appoint in any manner he may think
proper, and shall operate as an execution of such power, unless a
contrary intention shall appear by the will"


The official court probate form takes aliases into account. Section D
deals with details about the decedent:

Probate Application Form - PA1
http://www.courtservice.gov.uk/forms_and_guidance/forms/pa1.pdf

"D3
Did the deceased hold any assets
(excluding joint assets) in
another name?
D4
If Yes, what are the assets?
And in what name(s) are they held?"

SEARCH TERMS

UK wills act
UK probate court alias

hlabadie-ga
megagaga-ga rated this answer:5 out of 5 stars and gave an additional tip of: $10.00
Hi, hla, etc.

I was hoping that you would rise to the occasion, once again ...

And you did!

What can I say?

Except MANY THANKS ...

Mere superlatives can never do you justice.

Regards

Meg

Comments  
Subject: Re: Who Inherits Property held by an Alias? (English Law)
From: hlabadie-ga on 27 Apr 2003 05:33 PDT
 
I'm happy to have been helpful. Thanks for the generous rating and tip.

hlabadie-ga

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