Wills & Probate Records: A Guide for Family Historians

Wills & Probate Records: A Guide for Family Historians  is a publication of the British National Archives. This books examines family law records, which provide a wealth of detail about individuals and families. Social status, wealth, personal character and more can be learned from many of these records. The reader will learn how to find, read, and extract evidence and data from these records; including, those records scattered in church courts before central registration was introduced in 1858.

Wills & Probate Records “explores documents and institutions, legal terms and Latin phrases, as well as navigating the rapidly expanding online resources that have transformed family history research.” The authors note, that while these legal documents can be dry and mundane, they can also show a level of emotion, feelings, and thoughts not found in other records. Litigation records, over wills, can often show a persons character. This book covers all these records, even death duty records, which can show a person’s wealth.

Books published by the [British] National Archives have long been favored among researches. All the titles they have produced were written by highly trained experts and edited for easy reading. Wills & Probates was written by legal records experts with advice from family historians. Here are some other professionally produced and popular volumes from the National Archives:

Unfortunately, the National Archives is no longer in the publishing business. Once these books are gone, they are gone. At this point, the Archives has no intention of reprinting or creating new editions for any of these books.

 

Order a copy of Wills & Probate: A Guide for Family Historians while they are still available, from Family Roots Publishing; Item #: TNA17, Price: $24.45.

 

Table of Contents

Acknowledgements

Using the National Archives

Introduction

1 Understanding Wills

  • Why Wills Matter
  • What is a Will?
  • The Origin of Wills
  • Some Key Terms
  • The Probate Process
  • Which Probate Court?
  • Case Study

2 Wills and Administrations From 1858

  • The Probate Act 1957
  • Wills Proved in England and Wales
  • Obtaining a Copy of a Will
  • The Court of Probate
  • Location of Records
  • Estates Without Next of Kin
  • Resealing in London of Scottish and Irish Wills
  • Wills of the Royal Family
  • Case Study

3 Finding a Will Before 1858

  • Online Search Strategies
  • Records Held Locally
  • Ecclesiastical Courts
  • Prerogative Court of York
  • Prerogative Court of Canterbury
  • Types of Records
  • Other Prerogative Court of Canterbury Sources
  • Interregnum
  • Other Testamentary Jurisdictions
  • Non-Anglican Wills
  • Extending your Search
  • Case Studies

4 Administrations Before 1858

  • Intestacy
  • The Records
  • Finding an Administration
  • Additional Information from Administrations
  • Administration Bonds
  • Special or Limited Administrations
  • Administrations Granted as Part of Probate

5 Interpreting Wills

  • Drafting a Will
  • How ere Wills Recorded?
  • Likely Contents of a Will
  • Validity
  • People Unable to leave a Valid Will
  • Reading Wills

6 Inventories and Accounts

  • What are Inventories?
  • What are Accounts
  • Litigation
  • Debt
  • Finding Inventories and Accounts
  • Reading Inventories

7 Death Duty Registers, 1796-1903

  • Introduction to ‘Death Duties’
  • Short Cuts to Wills and Administrations
  • Death Duty Registration as Sources
  • Legacy Duty (from 1796)
  • Succession Duty (from 1853)
  • Estate Duty (from 1894)
  • The Layout of the Registers
  • Related Records at the National Archives
  • Case Study

8 Litigation

  • People at their Worst, Records at their Best
  • Disputes brought before Church, Equity and Common-Law Courts
  • Disputes in the Prerogative court of Canterbury
  • Signs of a Probate Dispute or Problem
  • Contentious and Non-Contentious Business
  • Appeals
  • Disputes in Courts of Equity and Common Law
  • Additional Sources for Research
  • Records of the Courts of York
  • Litigation after 1858
  • Criminal Trials for Fraud over Wills and Administrations
  • Non-Contentious Business
  • Children and the Appointment of Guardians
  • Dormant Funds or Money in Chancery
  • Case Studies

9 Other Probate Records

  • Military Wills and Powers of Attorney
  • Deeds
  • Overseas Probate courts
  • Royal Wills
  • Miscellaneous Series at the National Archives
  • Other Major Probate Collections
  • Case Studies

10 Scotland, Ireland, The Isle of Man, and the Channel Islands

  • Scottish Probate Records
  • Irish Probate Records
  • Isle of Man Wills
  • Channel Island Wills

11 Research Techniques

  • Wills before 1858
  • Wills after 1858
  • Death Duties
  • Intestacy

Appendix 1 The National Archives’ Prerogative Court of Canterbury (PROB) Series

Appendix 2 Glossary

Useful Addresses and Websites

Further Reading

Index

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