ENGLISH WILLS AND PROBATES

©2008 by Donald R. Snow

• Welcome and Introduction to Class
• Brief History of Wills and Probates in England
• Links to Articles and Data
• Abstracting and Transcribing Wills
• Conclusion
• Assignment

• Instructors are Elder and Sister Donald R. and Diane M. Snow of the England London Mission, Hyde Park Family History Centre   (snowd@math.byu.edu , dms34@juno.com)
• These notes with active Internet links are posted on the Utah Valley Technology and Genealogy Group website http://uvtagg.org under Class Outlines , Don's Listings , and are linked on the Hyde Park Family History Centre website  http://www.hydeparkfhc.org under Events.   Many other class notes for family history are linked on both sites also.
• This class is to learn about wills and probates in England.

• Legal terminology -- see the Glossary on http://www.familysearch.org
  • Will -- what the person wrote or dictacted as to what he or she wanted done with their real property (land and buildings) when they died
  • Testament -- what the person wrote or dictated as to what he or she wanted done with the personal property (belongings, crops, etc.)
  • Probate -- the result of "proving" the will in court -- the judge decides that the will really is what the person wanted done
  • Intestate -- when the person died without a will
  • Letter of Administration -- what a judge gives to someone of how to divide up the estate of someone who dies intestate (i.e. without a will)
• BEFORE 1858 -- all wills were probated by the Church of England courts
  • Prerogative Court of York -- probated most of the wills in the north 
  • Prerogative Court of Canterbury -- probated most of the wills in the south and for property owned in more than one county
• AFTER 1858 -- all wills were probated by the Principal Probate Registry, London and District Registries 
• There is no complete index to all wills -- the Death Duty Registers (1796-1903) are the closest thing to an index since they show the duty (tax) owed on the inheritance

• To find films of UK wills and probates by county in the UK go to http://www.hydeparkfhc.org , then Catalogue, then County, then click on Probate Records
  • Shows the FHL film numbers for various films with wills, probates, and indexes
  • Hyde Park FHC has all these films onsite 
• Salt Lake Family History Library and http://www.familysearch.org
  • England Research Outline section on wills and probates
  • England, How to Use District Registry Wills for 1858 to 1925
  • England, How to Use Pre-1858 Probate Records
  • England, How to Use Principal Registry Wills for 1858 to 1925
  • England, How to Use Probate Records from 1858 to the Present
  • England, Probate Guides - Hyde Park FHC has this complete set in microfiche set 6026312
  • England, How to Use Principal Probate Registry Indexes -- Hyde Park FHC has these index films up through  1957 - See this list of films in the red binder labeled NATIONAL WILL INDEX 1858-1957
  • Wills and Administrations, 1389-1858, Church of England, Archbishop of York - Hyde Park FHC has this complete collection of PCY Indexes and Wills - See this list of films in the red binder labeled PCY WILLS 1389-1858  
  • England, How to Use Court Records 
• The National Archives - Documents Online
  • Wills and Death Duties
  • Prerogative Court of Canterbury wills (1384 - 1858) - Good summary and links for wills in the UK
  • Famous Wills in PROB 1
  • Death Duty Registers (1796 - 1811)
  • Wills of Royal Naval Seamen (1786 - 1882)
  • Sample Wills  
  • Probate Records, Legal Records Information 23  
  • Wills Before 1858: Where To Start, Legal Records Information 46  
  • Wills and Death Duty Records, After 1858, Legal Records Information 45
  • Death Duty Records, From 1796, Domestic Records Information 57  
  • How to Interpret Death Duty Registers, Domestic Records Information 58
  • Family History in England and Wales, Domestic Records Information 11 - has sections on wills and probates
  • The Records of the Court of King's Bench, c. 1200-1600, Legal Records Information 36
  • Court of Wards and Liveries, 1540-1645: Land Inheritance, Legal Records Information 11  
  • The Court of Star Chamber, 1485-1642, Legal Records Information 3  
  • Early Chancery Proceedings: Equity Suits before 1558, Legal Records Information 42
  • Chancery Proceedings: Equity Suits from 1558, Legal Records Information 22
• Family Records Centre - Research  
  • Family History at the FRC - pdf - has a section on wills and probates
  • Wills and Probate Records
    • FRC Factsheet - Wills and Probate Records - pdf
    • FRC Factsheet - Probate Records From 1858 - pdf
    • FRC Factsheet - How to Use PCC Wills and Administrations - pdf
  • Death Duty Registers 
    • FRC Factsheet - How To Interpret Death Duty Records - pdf
    • FRC Factsheet - How To Use Death Duty Records - pdf
  • FRC Factsheet - Useful Websites for Family History - has many links for wills (not posted on the Internet)
• The Borthwick Institute, York -Simple Guide to Finding PROBATE RECORDS - pdf - by The University of York  
• Her Majesty's Courts Service (hmcs) - The Probate Service, Wills Since 1858
• FamilyRecords.gov.uk - How To Access Wills
• Article on GENUKI - Wills and Probates in the UK

• The National Archives - Palaeography: Reading Old Handwriting 1500 - 1800, A Practical Online Tutorial
• Abstracting vs transcribing a will
  • Abstracting means recording the basic data, names, dates, relationships
  • Transcribing means writing it word-for-word, line-by-line
    • Number the lines.
    • Type each line starting with the line number regardless of where the previous line ended.
    • Type the words exactly as they are in the written will, using  [   ]  for editorial comments or corrections.
    • Start each new line with the line number.
  • Chapter on Abstracting Wills and Deeds in online version of Val D. Greenwood's The Researcher's Guide to American Genealogy 
• Freeware program Transcript is very helpful in transcribing a will. 

• Wills are important since they frequently give names and relationships.
• Some people say they are the most accurate documents for family history since, in most cases, they are precise legal documents.

1. Find the description of a Death Duty Register.
2. If someone who owned land in both of the UK counties Somerset and Devon, died in 1825, which court would have probted the will?
3. What is the website and the address of the Principal Registry of wills in London?