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Sources of Information > Wills
and Other Probate Documents |
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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 Calendar / Index (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 Calendar (index
to wills and letters of administration proved from 1858 onwards) |
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1858
onwards |
- The
full set of indexes from 1858 to the present day can now be searched online at
the
Probate Registry website by surname and year of death
- once you've found your match you can view the
original printed image - this usually provides the deceased's name,
date of death, place where the deceased lived, the name of the executor (who is often
another member of the family) and the value of the estate - armed with
all these details you will be able to obtain a copy of the will far
quicker from the Probate Registry than would otherwise be the case (see below)
- The indexes from 1858 to 1966 can also be
searched online at ancestry.co.uk
- the search facility at this site is more
comprehensive than that at the Probate Registry website, allowing you to
search by first name, surname, date of death and county of death
- The indexes for 1858 to 1959 can also be
searched at
FindMy Past - like ancestry.co.uk, the search facility is more
comprehensive than that at the Probate Registry website allowing for
searches to be conducted by year range for date of death, first letter
of surname and two freeform keywords
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example
extract from the 1924 National Probate Calendar |
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Other
Access: |
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Obtaining
copies of Wills (proved
from 1858 onwards) |
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- Order by post from The
Postal Searches and Copies Department, Leeds District Probate Registry,
York House, York Place, Leeds LS1 2BA. The
PA1S
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). Tick the box for a General Search (the box for
a Standing Search is only for deaths in the last 6 months).
Please note that this department is not contactable by telephone and
can only answer written enquiries.
- Alternatively you can
order in person at the
London Probate Registry or at
other
registries and sub-registries
- The minimum information
required when ordering is the deceased's full name and the date of death
as close as you can get to it. It costs £10 for the search and
a single copy of the grant of probate together with the will (if any).
- To narrow down the search
you may wish to consult the National Probate Calendar 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. This will considerably
speed up the supply of the copied will.
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Access
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Pre
1858 Wills - Determining which Ecclesiastical Court had Jurisdiction |
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Pre
1858 |
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Consult the annual indexes to Death Duty Registers
to determine which ecclesiastical court proved a will
- 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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- The index to and scanned
images of the original Perogative Court of Canterbury Wills (over 930,000
records) can now be accessed online at the Genealogist
subscription site
- All 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.
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Prerogative
Court of York (PYC) Wills |
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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
- Note however that the jurisdiction
of dioceses or archdeconries did not coincide with county boundaries
- probate records of the church courts are sometimes held in the record
office for the county in which the seat of the bishop or archdeacon
was located - for example the records for Derbyshire and Staffordshire
are held at the record office in Lichfield, the records for Surrey are
held at the London Metropolitan Archives, those for Rutland are held
at the Northampton Record Office and so on.
- 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: 9 November 2018 |
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