English Will and Probate Records

Probate is the process of dealing with the property, money and possessions of a person who has died, usually laid out in their will. Probate records are a useful resource for family history because you can use them to confirm when your ancestor died and trace other members of their family who are named as heirs in their will. They can even provide you with a picture of your ancestor's life by showing how much property and money they owned, or reveal long-hidden family dramas such as relatives who were cut out of the will. 

Until the middle of the 19th century, the process of handling probate through proving wills or granting administrations came from church courts such as the Prerogative Court of Canterbury. But from 12 January 1858 a civil Court of Probate for England and Wales was established, with the Principal Registry in London and numerous other district registries. The district registries sent copies of all Grants of Probate, and all wills associated with them, and all Grants of Letters of Administration to the Principal Registry where annual centralised indexes were prepared. These are known as the Probate Calendars, and are now all available to search online.

The Probate Calendars include those who left a will and those died intestate (with no will) but with an estate that had to be administered. Records that say 'Probate', 'Grant and Will', ‘Administration (Admon) with Will’ or just 'Will' refer to records where a will existed and was provided. Records that just say 'Administration' or ‘Administration or Grant’ refer to people who died intestate and for whom there is no will.

The arrangement and content of the Calendars has changed over time. Within the annual volumes, with names arranged alphabetically, wills and administrations are listed separately from 1858 to 1870. A single sequence starts in 1871. Note that the Calendars are arranged by date of probate, not date of death. Although probate was usually completed soon after the death there could be considerable delay, sometimes decades or longer.

For probate records from 1858 to 1891 you could get: the name of the deceased; their address and occupation (or “wife of”, “widow of” or “spinster” in the case of a woman); date and place of death; names, occupations and addresses of executors and their relationship (if any) to the deceased; and date of probate and name of the Registry. From 1892 to 1957, the probate records don't contain the address or relationship of the executors; and from 1959 to 1967 no details of husbands are included. More modern probate records include only the name, address and date of death of the testator, together with the date and place of the grant.

You can currently order probate records from the government’s Find a Will website for just £1.50 each.

To search for probate records, go to the website. There are three options to choose from: Wills and Probate 1858–1995; Wills and Probate 1996 to present (new probate records appear online approximately 14 days after the grant of representation has been issued); and Soldier’s Wills (1850–1986). Then enter the surname of the person you are searching and their year of death.  If necessary, use the 'Advanced Search' page with the option to enter more information to further narrow down the search results.

You will then be shown a page of search results, which will enable you to click through to the probate calendar with the deceased individual's record on it. Note that some wills are difficult to search for following an upgrade to the website. To make it easier, you may have to use wildcards or change your use of quotation marks, spaces or other symbols in the search box. You may have to click through multiple pages of results.  Then follow the prompts to add the will to your basket to purchase a copy.

Proposal to Destroy Original Wills Overturned

The British government has announced it will not proceed with controversial proposals to digitise all copies of post-1858 wills in England and Wales and destroy the originals.

The proposal was introduced by the Ministry of Justice (MoJ) under the previous Conservative administration in December 2023, stating that the move was necessary to address the £4.5 million a year cost of storing the 110 million will documents.

The proposals were widely condemned by historians and genealogists. A petition to Parliament opposing them was signed by 15,793 people.

The MoJ has now published the results of its public consultation into the proposals.  It said that the consultation received almost 1600 responses, of which “The large majority of responses vehemently opposed any destruction of original wills”.

In its response, the MoJ said: “The Government is very grateful to everyone who responded to the consultation. It was very clear from the large number of responses and the very heartfelt nature of those responses that the issue was one which engaged high levels of public interest and concern.

“There was strong opposition to any destruction of original wills or other documents. This was for a variety of reasons in terms of both a national historical resource and also for individual legal challenges. There was also a strong emotional response to the consultation, typified in the comments received on the unique nature of wills as a record of a living person’s wishes for the distribution of their assets.”

“The Government accepts the compelling case that has been made by respondents… and has therefore determined not to proceed with any reforms that involve the destruction of original wills and supporting documents currently designated for permanent preservation.”

However, it noted that the decision to preserve the wills “does not address the concerns about the large and increasing costs of preserving the very extensive original will archive”.

It therefore warned that the government will “be giving further consideration to the fees charged for copies of wills and grants of probate”, particularly the current £1.50 cost of ordering a copy of a will.

This is very welcome news to family historians and we will be watching to see if any changes are made to the access or cost of ordering copies of wills.

Digitization of Wills UK

The UK Ministry of Justice has just released their plan to digitize historic wills.

Their statement reads :

"Genealogists, historians and amateur family archivists will be better able to access historic wills under proposals published today (15 December 2023).

The ambitious digitization programme could see millions of wills dating back more than 150 years moved online and more easily accessible to the public in a bid to improve the current storage system.  

Currently about 110 million physical documents are stored costing taxpayers £4.5 million per year. The consultation is seeking views on keeping hard copies for about 25 years, in recognition of their sentimental value to families, while saving them digitally longer term."

This plan has immediately stirred up a storm of controversy amongst Genealogists.  While it is agreed that digitizing the wills and making them more accessible is a boon to the Genealogical and Historical communities, the idea of destroying the hard copies of wills after 25 years is considerably less popular.

There have been a number of questions regarding the proposal.  How much will it cost to maintain the digital records? Things like the servers, the regular migration to modern formats to ensure they remain accessible etc? Digital is not 'free'.

The consultation will end on 23 February 2024.  So follow the link and have your say about the future of these important historical records.

UK Find a Will gets Bogged

Back in late July I posted about the new cut price of ordering post-1857 wills through the UK Government's Find a Will service.  I excitedly announced that the price of a will had been cut to just £1.50, instead of the old £10 charge.  Maybe I should have kept quiet for a bit.

I ordered several wills on 11 August, and was given an estimated online delivery date of 26 August.  We are now well into October and I am still waiting.  They are now almost 2 months overdue.

I am trying to be patient.  Really I am.  I know why the service is taking so long.  It is because of all those people (like me) who saw the price cut, cried "Oh Goody!" and inundated the site with orders.  Eager genealogists worldwide have swamped the poor people at Find A Will and buried them with their enthusiasm.

A slightly plaintive inqiry in late September - "Where are my wills??  They are a month overdue!" - elicited the response that the site had been overwhelmed by the volume of orders and mine would be dealt with as soon as possible.  Since then I have haunted my inbox, hoping for notification that my wills had been processed would soon arrive.  I have also logged onto the website (no more than once a day) to check for progress.  And I am still waiting.

It takes me back to the old days of sending off my request for records or information by 'snail mail' and waiting 6 to 8 weeks for a response through the post.  How spoilt are we today with email and downloading and instant access to online records from the comfort of our own living rooms.  Now, suddenly, I have to learn to be patient again.  It is a difficult lesson.

Price Cut For Ordering Wills

It is time to get online and order some wills of your British ancestors.  Why?  The cost of ordering post-1857 probate records via the British Government’s Find a Will service has been cut from £10 to just £1.50.  The price cut, which was introduced in a statutory instrument that became law on 22 July, will be in place for the next 12 months.  After that, the price cut is not guaranteed.

Find a Will allows you to search English and Welsh probate records from 1858 by surname and year of death.  Once you find your ancestor's record, you can then order a digital copy, which takes up to 10 working days to arrive.

I have always loved wills and probate records, some of which have included incredible detail about the people listed - their lives, relationships, belongings and values.  

Probate records confirm that the process of administering the bequests and instructions left in a will after a person died were carried out.  They list the names of the will’s executor/s, beneficiaries and witnesses – often the children, relatives or friends of the deceased.  They can even include comments and messages from the testator, illustrating the nature of their family relationships and they include a transcription of the will itself.  In addition, they include the address and occupation of the deceased and their date and place of death.
 Until 1857, probate was the responsibility of ecclesiastical courts run by the Church of England.
From 12 January 1858, a civil Court of Probate for England and Wales was established, with local registries across the country.  The current price cut is only for wills post-1857.

Week 9 - Where There's a Will - 52 Ancestors in 52 Weeks

Amy's prompt for Week 9 is Where There's a Will - and I do love wills.  They are fascinating documents and (potentially) give so much information about the family of the individual who wrote it.  Their spouse, children, other dependents, sometimes extended family or business associates - it is always well worth taking the time to see if any of your ancestors left a will.

I have had great luck with wills in my family history research.  They have provided me with invaluable clues - the surnames of married daughters, which children have survived a parent, details of property held and much more.  Getting the most out of the wills I have found has sent me chasing details of executors and witnesses - often relatives, as such a task was not given to strangers.  Who was each person mentioned, and how did they relate to the originator of the will?

My favourite will is that of my great great grandfather David Mulholland, who died in 1902.  The will itself is quite brief and names his wife and surviving children.

Original handwritten will of David Mulholland

A transcription of the will reads :

This is the last will and testament of me David Mulholland of Eurobin near Kilsythe in the Colony of Victoria Farmer.

I give devise and bequeath unto my wife Eliza Jane my dwelling house and furniture and all the land around the house to the railway fence for her life time and each of the two sons pay her five shillings per week for her life time the sons names are Henry and James.  My son David will receive fifty pounds cash.  James will get the homestead paddock and the paddock known as O’Donnell and also the house and land after Mrs Mulholland’s death.  Mrs Mulholland to do with as she likes with the furniture.  Henry is to have all the land across the Ovens River known as Watonga and all the cattle are to be equally divided between James and Henry.  My daughter Mary (Mrs Pape) one shilling and my daughter Ellen (Mrs Stoddart) one shilling.  My daughter Jane twenty pounds.  My daughter Priscilla (Mrs Clark) ten pounds and the balance of the cash to be divided in equal parts between James and Henry after all my debts are paid. 

Considering that David had over 600 pounds in the bank at the time of his death, the daughters who received a shilling each might feel a little slighted, as might his wife who gets to dwell in the farmhouse for the rest of her life but does not own it, and receives 10 shillings a week from the two sons who farmed the land with her husband but she has no money of her own left to her by him.

Also a source of extremely useful information is the probate record attached to the will, especially the Affidavit of Statement which contains a statement of assets and liabilities - basically a list of what David owned and how much it was worth.  The first page of this list (4 pages long in total) details the three parcels of land he owned - subsequent pages listed crops, livestock, farming implements, carriages, harness and saddlery, furniture, cash on hand and money in the bank.  Any debts owed to David, and any debts he owed others were also listed.  All fascinating information and a great insight into the family.

Page 1 of David Mulholland's Statement of Assets and Liabilities

David Mulholland owned 3 parcels of land that formed his farm, and the Statement of Assets and Liabilities details each, and gives quite a bit of information.  For the first parcel of land, it tells us the following details : All those pieces of freehold land containing 132 acres 3 roods and 1 perch more or less being special allot. 6H, allotments 7A and 7B of section 25 and part of allotment B5, Parish of Barrwedgee County of Bogong fenced partly post and two rail partly rail and wire 40 acres partly cleared remainder used for grazing with 3 room stone house with three weather board rooms and outhouses erected thereon municipal assessment 33 pounts per annum valued at 665 pounds.

So much information is contained in wills and probate records, and they are also a record type which dates back to before civil registration, which makes older wills an even more exciting find.  Not all my ancestors left wills of course - many were poor labourers who had little to leave - but every will I have found has furthered my research and given me a much deeper understanding of they lives my ancestors led. 

Calendar of Confirmations and Inventories

Do you have Scottish ancestors?  If so, you will probably be interested in the latest database Ancestry has added to their already considerable holdings.
The new database includes an index and images to the Calendar of Confirmations and Inventories filed in Scotland for the years 1876–1936. Ancestry's website tells us that "In Scotland, probate records are called confirmations and they include a testament and an inventory of the estate. The testament is the court record ordering distribution of the deceased’s estate. Some included wills (testament testamentar) and some did not (testament dative), the latter being more common."
As with probate records everywhere, not everyone filed testaments for a variety of reasons, especially if they had little to leave. The wealthy were more likely to have filed a Confirmation, simply because they had more money, resources and property to distribute. Regardless of your ancestor’s wealth and social standing however, checking the Confirmations way be well worth your time.
The calendar, which began publication in 1876, is separated into a different volume for each year with the entries in each volume are then alphabetised by surname. Information varies across different entries, but each typically includes:

• testament date
• full name of the deceased
• death date and place
• name of an executor (often a relative, but sometimes a creditor)
• where and when the testament was recorded

New post-1858 wills service launches online

Family historians have a new route for accessing copies of their ancestors’ wills following the creation of a new web system.
The Probate Service has launched an online wills index for England and Wales, enabling people to search for any will dating from 1858-1996 and order a digital copy via their computer.  Searchable by name within specific years, the index links to a digitised version of the National Probate Calendar, showing all matching entries from the appropriate volume.  Once the correct person has been found – indicated by details such as address and court where the will was proved – researchers can then ‘click through’ and order a digital copy at a cost of £10 each. The document will then be made available as a download, generally within 10 working days.
Launched on Thursday 11 December, the new system is to act as a replacement for the Principal Probate Registry search room at the Royal Courts of Justice, which will permanently close on Friday 19 December.
While researchers can apply for wills by post or at district probate registries, the London facility has been the only place the complete National Probate Calendar can be accessed by the public. Although scans of Calendar volumes are available through Ancestry.co.uk – used by many when filling out a postal order form – this set only covers 1858-1966.
Thanks to Who Do You Think You Are Magazine for higlighting this new resource.

52 Weeks of Genealogy - Week 3 - Probates (wills and administration)

Shauna has chosen Probates (wills and administration) for her Week 3 topic and tells us that "probate records can fill in missing information on a family, or provide details that would not be found anywhere else or they may just raise more questions. Either way, it is definitely worth checking (usually the records are at the State Archives) to see if there was a will or an intestacy. Remember to widen your search time period as not all estates were wrapped up shortly after death. It may only occur after the death of both partners. There may not be any probate records to find but you will never know unless you look."

I have had quite a bit of luck with wills - many members of my family lived on the land and made wills and some of them are just fascinating reading.  My favourite is the will of my great great grandfather David Mulholland - it provides a great insight into the dynamics of the family.

All the surviving children are named in David's will, including the married names of his daughters but the will itself is an exercise in sexism and favouritism. 

Henry and James, the two sons who farmed with their father get half the land, half the cattle and half the money each after various bequests are filled.  David's wife Eliza gets to stay in their house for her lifetime, but does not own the dwelling.  She may do as she likes with the furniture, however, and Henry and James are to pay her 5 shillings each per week to live on.  Eldest son David, who has his own business, gets £50 cash while unmarried daughter Jane gets £20.  Of the three married daughters, Mary and Ellen get a shilling each and favourite Pricilla gets £10.  The handwritten will is included below.

Shauna tells us "this blog challenge is to stimulate my own genealogy blogging efforts in 2014 by focusing on a different kind of genealogical record each week. I wanted a challenge that reflected my own archival background as well as my own genealogy interests and there are probably lots of other records that I could have included. The challenge has an Australian focus but most of these records will be found just about anywhere in the genealogy world."  Visit her blog here.