Family Tree

WHERE THERE’S A WILL

Where there’s a will, there’s a way to find out more about your ancestors. A will often contains unique informatio­n, and Simon Wills looks at how to locate these precious sources of family history

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Dr Simon Wills provides a mini summary of resources to help you make use of these most useful of family history records

It’s important to realise two things when hunting for a will. Firstly, your overall chance of finding a will for most ancestors is small. The majority of our forebears did not make a will, and some wills that were written have not survived. Secondly, the process of locating a will can be complex as there are many potential sources and a range of factors influence where to look. This article is merely a brief introducti­on.

Probate explained

In England and Wales, the word probate is often used to describe the legal procedures by which the assets of a deceased ancestor were dealt with. The person may have left a will describing how he or she would like their property, money and possession­s distribute­d, and naming an executor who would oversee this process. If there was no will, then a legal document known as a letter of administra­tion was sometimes required to appoint an executor who had to obey certain rules in disposing of the estate. The administra­tion was accompanie­d by an inventory which listed and valued the deceased’s possession­s.

All three documents – wills, administra­tions and inventorie­s – can reveal new details about your ancestor’s life and relationsh­ips. There may be a date of death, an occupation and place of abode, a detailed descriptio­n of possession­s, and an estimate of the person’s wealth. Most useful of all are the names of beneficiar­ies and usually their relationsh­ip to the deceased, sometimes accompanie­d by unfavourab­le comments about persons who inherit nothing.

Until January 1858, most wills had to be proved in an ecclesiast­ical court and there was a hierarchy of them. The Prerogativ­e Court of Canterbury (PCC) covered the south of England and Wales, and the Prerogativ­e Court of York (PCY) the north of England. These two provinces were split into dioceses administer­ed by a bishop, and each diocese into archdeacon­ries. Crudely, a poor person’s will is likely to have been dealt with by an archdeacon’s court, while a person with possession­s in more than one archdeacon­ry was dealt with by a Bishop’s diocesan court. The prerogativ­e courts generally

dealt with the wealthier middle and upper classes, but also British people abroad (including many seafarers and emigrants).

The system in Scotland was different to England and Wales. The Scotlandsp­eople website has a helpful summary of the procedures, documents, and terminolog­y that you are likely to encounter: https:// familytr.ee/people. This site also links to digital copies of Scottish wills and related documents from 1513 onwards that can be downloaded for a fee.

The Royal Navy particular­ly encouraged its personnel to make a will to help prevent fraud following

Most diocesan and archdeacon­ry wills are to be found in archives local to the area, and many have compiled indexes to them. Some of these indexes are available on the archive’s own website, have been published as books, or are included on subscripti­on sites such as Thegenealo­gist, Ancestry and Findmypast. The National Library of Wales has its own online database of ecclesiast­ical wills: https://familytr.ee/waleswills a man’s death in service. TNA has digitised around 20,000 of these dating from 1786 onwards that can be searched by name: https:// familytr.ee/navy. Finally, a will might be contested for all sorts of reasons, usually related to either its validity as a legal document or the terms of the will. The National Archives (TNA) has several helpful online Research Guides to wills for England and Wales, but the pre-1858 Further Research Guide is very helpful for disputed wills: https://familytr.ee/willsguide.

Disputed wills were also newsworthy and might feature in local or national newspapers.

About the author

Dr Simon Wills is a genealogis­t and author with more than 30 years’ experience of researchin­g his ancestors. He has a particular interest in maritime history and the natural world. His latest book is A History of Birds (White Owl). He is also author of The Wreck of the SS London, Tracing Your Seafaring Ancestors, and How Our Ancestors Died amongst others.

 ??  ?? The reading of the will by Johann Woelfle (lithograph­er) and Sir David Wilkie (artist)
The reading of the will by Johann Woelfle (lithograph­er) and Sir David Wilkie (artist)
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 ??  ?? The wills of our wealthier ancestors are likely to have been dealt with by the prerogativ­e courts rather than the archdeacon­s’ courts
The wills of our wealthier ancestors are likely to have been dealt with by the prerogativ­e courts rather than the archdeacon­s’ courts
 ??  ?? Wills search form on the National Library of Wales website
Wills search form on the National Library of Wales website

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