WILLS AFTER 1858

England and Wales

After 11 January 1858 Wills and Administrations (Admons) were proved at the Principal Probate Registry in London or at the District Probate Registries. The indexes for these are available in annual volumes. These Probate Indexes are available for inspection at First Avenue House, 47-49 High Holborn, London, WC1V 6NP. The Indexes include a brief account of the main details, names, address, date and place of death, occupation of deceased, executors and total amount of the effects. This is still not as good as seeing a copy of the Will. Until 1870 the Wills and Administrations were indexed separately and this should be born in mind when searching the indexes.

If there was not a Will there could be an Administration which is a record of the total amount of the estate complete with relative dates of the death and administration with the names of the administrators.

York, like many other cities has a District Probate Registry. Copies of Wills for England and Wales can be ordered, but the Indexes cannot be inspected here. The nearest Indexes for Public inspection are in the Wakefield Record Office (1858-1943). An appointment may be needed to do this. There is a copy also at Beverley RO on microfiche. Copies of Wills for nearly everyone can be ordered at the cost of £5.00 from the York Probate Sub-Registry in Dean's Court, York. The few exceptions are Royal ones. The copies are sent to you by post. They vary considerably in length and the later ones are typed. It is important to note that it could take time for a Will to be proved.

Addresses

Principal Registry of the Family Division, First Avenue House, 47-49 High Holborn, London, WC1V 6NP.

West Yorkshire Archive Service, Newstead Road, Wakefield, 01924 295982. Open Mon 9.30 - 8, Tues & Wed 9.30-5, Closed Thurs & Fridays (check before booking).

Scotland

An SAE to the Scottish Record Office, HM General Register House, Edinburgh will provide the researcher with the latest details as to the situation in Scotland.

Wills or Testaments are of two kinds in Scotland. A Testament Testamentar (the person has left a Will, naming executors) and a Testament Dative (for a person who died intestate, leaving no Will). Before 1868 Wills concerned only moveable property, not land. The moveable estate comprised one third and the children received another third with the last third being at the deceased own disposing. If there were no children then the estate was only divided into two. Frequently it took years for testaments to be recorded. There were several indexes to these Wills with a variety of dates so that it is necessary that further information is obtained from the above address.

Irish Wills

Wills were proved in the Principal Probate Registry, Dublin and after 1922 also at Belfast. The situation was complicated by the 1922 fire so a specialist guide needs to be consulted.

English Will Examples - Fictional

Will 1

I Peter Stockill of Ganton in North Yorkshire, cordwainer, leave my wife Mary the sum of £15 per annum out of my estate and the cottage in the High Street. To my daughter Eleanor Smith, the wife of Johnson Smith of Sherburn I leave the sum of £20. To my daughter Jane Green, widow of Ganton the sum of £50. To my sister Elizabeth Davis of Scarborough I leave the sum of £10. To Paul Davis the son of my sister Elizabeth £5 when he reaches the age of 21 years. To Michael Elliot of Ganton the brother of my wife I leave the sum of £5. The residue of my goods including all my tools in the shop and property I leave to my only son Mark Stockill. Will made 21 August 1890, proved 30 September 1893. Died 15 February 1893.

Will 2

I John Brown of Acomb, Carpenter, leave my house, workshop and work tools to my son John Brown. I leave £5 to my sister Mary Smith wife of Albert Smith. I leave £5 to my brother in law Albert Smith. I leave £2 to my sister Jane Brown. I leave £2 to James Brown the son of my late brother David Brown. I leave £2 to Dorothy Brown of Heworth the widow of my late brother David Brown. The residue of my estate I leave to my only child John Brown. I appoint my friends Enos Jones and Bert Jackson executors of this my last Will and Testament. Dated 23rd September 1868. Died 23 Nov 1868 Proved 25 February 1869

Reading List

For further reading see the Reading List.



This page is compiled by Timothy J. Owston of York, England, March 2008.
Please contact me with any comments or information. Please don't contact me to do research.

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owston.tj@virgin.net

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