Grimauld Place

[junediamanti]

No: HPFGUIDX 76120

--- In HPforGrownups at yahoogroups.com, "Donna" <deemarie1a at y...> 
wrote:
> > > bboy_mn:
> > > 
>> All this talk of entitlements and inheritance goes to the next 
male 
> in line, doesn't that apply only to nobility?  And certainly none 
> of the wizards in the Black family line seem to be members of the 
> British Peerage.  So, therefore, do the laws of inheritance then 
> apply?  If not, then Sirius could have left Grimauld Place and any 
> and all of his funds to whomever he wished.  That, if he did make 
> out a will, would have been Harry.
> 
> I think we need to get in touch with someone who understands the 
> British Laws of inheritance.  If there is anyone out there who 
> understands all of that legal "mumbo jumbo" perhaps they could 
> clear this up.
> 
> Donna

OK I'm not a lawyer - far too honest and clever for that. 

Heres what I know about English inheritance law - (Scottish law is a 
different thing altogther it should be noted)takes out small postage 
stamp, writes down entire knowledge...

But seriously it goes a little bit like this:

X dies.

First question -did they leave a legally satisfactory will with 
appointed executors.  If so this will go to the office of Probate 
who will check things out and generally approve in about 6 weeks.  
Once that is done, if there are more than one beneficiary and a 
straight share is indicated, then they can sort it out to their own 
agreement. Otherwise, legacies are paid out according to the will as 
specified and the residual estate (by which I mean money and 
property divided).

No will?  This is where it gets tricky.  In cases of intestacy, its 
wise to hire a lawyer.  Probate will still have to be granted before 
any distribution of the deceased's estate.  The pecking order goes 
something like this:

Spouse.

Children (generally equal)

Other relatives - in an order which I don't know.

Godchildren?  Unlikely to have any legal title against living blood 
relatives, unless they can prove some kind of wish on the part of 
the deceased.

Okay, Rules of Primogeniture.  

Royalty - crown passes first to direct male heirs, then direct 
female heirs.  In that order.

Nobility - titles usually pass by male primogeniture.  Estate 
transmission (by which I mean the stately home type thing) this 
varies because usually estates that go with titles such as, say, the 
Duke of Marlborough, are the grant of the crown.  These will have 
been made by the Monarch of the time for (usually) outstanding 
service to the crown, wining lots of foreign battles and will have 
strings attached - usually that in default of male heirs, the whole 
title and property will revert to the crown.  A good many titles 
were lost during the Wars of the Roses in 1455 - 1485 and were 
then "re-invented" as gifts to Tudor partisans for example.  There 
is scarcely a title that can be now traced back to pre-1485.  Some 
noble estates are permitted to descend through the female but by no 
means all.

Thats about it.  Feel free to put me right if I got anything wrong.

June