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ancestor-search.info
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Sources of Information
> Wills and Other Probate Documents |
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SOURCES
OF INFORMATION
Introduction
General
Register
Census
IGI
National
Burial Index
Parish
Registers
Wills
Other
Sources
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WILLS
AND OTHER PROBATE DOCUMENTS |
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General |
Wills
often furnish vital information for genealogists.
They can: |
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- define precise relationships
within family groups
- name relatives in different
parts of the country and the world
- name children, nephews
or nieces whose existence you never suspected
- bring to light family skeletons
such as acknowledging illegitimate children
- add "flesh to the bones"
of a genealogical study by providing a guide to the wealth and life
style of an ancestor
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The
key date in searching for wills is 11 January 1858. From
this date the jurisdiction of proving wills in England and Wales passed
from the anglican church to the state. Before this date the archives relating
to ecclesiastical courts are all important. From this date the Probate
Registry is the key repository for wills and other probate documents. |
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Information
Provided |
National
Probate Index (to
wills and letters of administration proved from 1858 onwards) |
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- Annual index for the whole
of England and Wales arranged in surname/forename order of the deceased
- Deceased - forenames,
surname, address, date of death, place of death
- Probate Grant - date
grant issued, issuing registry office, type of grant, names of executors
or administrators, value of the estate
- Executors/Administrators
- names, addresses, relationship to deceased
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Wills |
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- Wills vary widely in the
information they provide
- However many wills provide
names of spouses, children, grandchildren and other relatives
- Many also clarify family
relationships if there is more than one person with the same forename
- Wills can also clarify the
marital status of a daughter (i.e. if referred to as "spinster")
or assist in locating a daughter's marriage by giving her husband's
surname
- Addresses of relatives may
be given which may show immigration
- Provide an indication of
the wealth and lifestyle of the deceased
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Letters
of Administration (for
deaths where deceased left no will) |
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- Deceased - forenames,
surname, date of death, place of death, occupation, address
- Will administrator - forenames,
surname, relationship to deceased, occupation, address
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Caution |
Named
relatives |
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- Wills only reflect the situation
at their time of writing (which can be a long time before the deceased's
death) so do not assume that all the relatives named in the will are
still alive when the will is carried out
- In older wills, 'in laws'
are commonly referred to as just brothers, sisters, fathers, mothers,
etc. without the 'in law' suffix
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Missing
Relatives |
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- Never assume that all the
deceased's children are referred to in a will - it was quite common
to make lifetime gifts to children instead, particularly the eldest
son
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Married
Women |
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- Prior to the 1882 Married
Women's Property Act only spinsters, widows and married woman who had
their husbands consent left wills
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Delays
between Death and Probate |
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- It is wise to search the
indexes for at least 3 years after the date of the ancestor's death
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Language |
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- Before 1733 (apart from
1651-60) texts, sentences and probate clauses were written in Latin
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Access
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National
Probate Index (to
wills and letters of administration proved from 1858 onwards) |
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1858
onwards |
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Obtaining
copies of Wills (proved
from 1858 onwards) |
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- Order by post from Postal
Searches & Copies Dept, Probate Registry, Castle Chambers, Clifford
Street, York, YO1 9RG (Tel: 01904-666777; Fax 01904-666776). The
order form can be downloaded from www.courtservice.gov.uk.
The form requires details of the deceased (name, date of death, address)
which can be found in the National Probate Index (see
above)
- Alternatively you can order
in person at the Principal Probate Registry or at other
registries and sub-registries (key in probate in the court
work type search to find local registry office)
- The minimum information
required when ordering is the deceased's full name and either the date
of death or the search period. If the search period is limited to 4
years, it costs £5 for the search and a single copy of the grant
of probate together with the will (if any). Extending the search period
costs an additional £3 for each 4 year extension.
- To narrow down the search
you may wish to consult the National Probate Index yourself first. See
above for where you can access this index. You will
then be able to provide details of the actual date of death, the grant
type, the issuing Registry and the grant issue date. At the very least
this will considerably speed up the supply of the copied will and will
reduce the cost if your initial search period exceeds 4 years.
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Access
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Pre
1858 Wills - Determining which Ecclesiastical Court had Jurisdiction |
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Pre
1858 |
- Finding copies of pre 1858
wills is a complex task and it is worth first consulting a detailed
guide such as Gibson's
'Probate Jurisdictions: Where to Look
for Wills'
- Another
way of determining which ecclesiastical court proved a will is to consult
the annual indexes to Death Duty Registers - microfilmed
copies of the indexes from 1796 onwards can be viewed at the National
Archives or at your local LDS Family
History Centre - however bear in mind that only wills on which duty
was payable are listed
- If your ancestor lived south
of the River Humber or in Wales and was relatively wealthy or died after
1800 there is a fair chance that the will was proved in the Prerogative
Court of Canterbury (PCC)
- If you ancestor died abroad
or at sea leaving behind property in England or Wales then the court
having jurisdiction would also be the central Prerogative Court of Canterbury
(PCC)
- By the 1830s over a third
of all wills in England and Wales were proved in the Prerogative Court
of Canterbury (PCC)
- If your ancestor was relatively
wealthy and lived in the northern counties then it is possible that
the will was proved in the central Prerogative Court of York (PYC)
- Otherwise if none of the
above applies, it is most likely that the will was proved in one of
the many lower level ecclesiastical courts of which there were over
250
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Prerogative
Court of Canterbury (PCC) Wills |
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- All 1 million plus wills
that were proved at the Prerogative Court of Canterbury (PCC) between
1384 and 1858 are held at the National
Archives at Kew
- Any PCC will can be viewed
there provided 3 days notice is given (the wills are stored off-site)
- Alternatively you can search
the complete index to all PCC wills at the National Archives Documents
Online web site and then download images of your located will -
there is no charge for searching but there is a fee for requested image
downloads.
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Prerogative
Court of York (PYC) Wills |
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- All wills that were proved
at the Prerogative Court of York (PYC) between 1389 and 1858 are held
at the Borthwick Institute
- Indexes to collections of
wills held at the Borthwick Institute can be searched online at the
Origins Network
subscription web site - these include Prerogative and Exchequer Courts
of York Wills 1267-1500 (10,000 records), York Province Peculiar Courts
Wills 1383-1883 (25,000) and Prerogative and Exchequer Courts of York
Grants of Probate 1853-1858 (16,000)
- Microfilmed copies of the
indexes to the PYC wills can be viewed at your local LDS
Family History Centre, at the National
Archives, at the Society of Genealogists,
several Record Offices or at Borthwick
Institute itself
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Wills
proved in Other Ecclesiastical Courts in England |
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- Most wills for other ecclesiastical
courts (archdeacon courts, bishop diocesan courts, peculiar courts)
are held in the relevant Record Office
- In the case of Yorkshire,
this is the Borthwick Institute
except for wills proved in the Archdeaconry of Richmond and the peculiars
of Arkengarthdale, Hunsingore, Knaresborough, Masham and Middleham in
which case the wills are held at Leeds
Archives
- Most of these wills have
been indexed and many of the indexes can be viewed at your local LDS
Family History Centre
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Wills
proved in Welsh Ecclesiastical Courts |
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This
page last updated: 22 July 2007 |
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