PDF of slides for a talk given by Else Churchill of the Society of Genealogists at the Lost Cousins Genealogy in the Sunshine Event in Portugal 2015. This talk discussed how to find and use probate rceords for English and Welsh Genealogy

1. 17/03/2015
1
Finding and Understanding Wills
(England & Wales)
Else Churchill
Genealogist
Society of Genealogists

2. Download the free information leaflets
Record Guide Probate Records
Hints & Tips Abstracting Documents &
Reading Secretary Hand
From SoG Website
www.sog.org.uk
(learn pages)
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3. 3
Probate?
• A will is a document which sets out a
person’s wishes about the disposal of his
or her property. The legal process of
proving a will and administering and
distributing the estate in accordance to
those wishes is known as probate

4. 4
Information Found on Wills
• Name: address: occupation of testator
• Date will made – obviously testator alive
• Indication health of testator when will made
• Details of family – eg married daughters,
sons’ wives. Elder children may be already
provided for hence not named
• Details of property leased or owned
• Date will proved. Obviously Testator has
died – may be proved some years after death

5. 5
Terminology
• Will
• Testament
• Testator or Testatrix
• Executor or Executrix
• Grant & Final Sentence
• Probate Act Book
• Register Copies
• Intestacy
• Administration
(Admons)
• Administrator
• Renunciation
• Inventories
• Tuition bonds
• Curation bonds
• Accounts
• Nuncupative
• Codicil

6. 6
Where to go to find wills?
England and Wales
Post 1858
Search Find a Will indexes
online and order PDF of
will to be emailed from
Court Service for £10
LDS Family History Centre
holds microfilm copies of the
wills 1858-1925
Search and copies by post
from Leeds registry
Pre 1858
PCC @ TNA
PCY @ Borthwick, York
Local Church Courts in
Record Offices
Indexes & Finding Aids
@SoG
LDS Family History
Centre holds
mocrofilms of old
finding aids and the
original documents

7. 7
Post 1858 Year by Year Indexes
Some copies on books, fiche or film in various libraries and CROs.
Ancestry.co,uk has indexed the calendars only from 1858 to 1966.

8. 8

9. Ancestry has probate indexes
1858-1966
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10. Find a Will website
https://probatesearch.service.gov.uk/#wills
• Wills & Admons probated 1858 - 1995
• Wills & Admons probated 1996 – date
• Soldiers Wills 1860-1986
– ORDER PDF OF WILL TO DOWNLOAD IN 10
WPRKING DAYS
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11. Court Service
Find a Will Index 1858-1995
https://probatesearch.service.gov.uk/#wills
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12. 12

13. Wills cost £10 and are available as a PDF
to download after 10 working days
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14. Court Service
Find a Will Index from 1996
https://probatesearch.service.gov.uk/#wills
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15. Find a Will Basic Search
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16. Find a Will 1996 to date -
Advanced Search
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18. Soldiers wills 1860-1986
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19. Post 1858 Probate Research Strategy
Having located the will you want from calendars or indexes then you can
• order copy for 1858- date from Find a Will website
£10
• arrange postal search and copy to be sent from Leeds
District Probate Registry £10
• visit local probate registry near you to search and
order IF they will do it for you
• look for copy of pre 1925 wills on films from LDS at
London FHC once you have established date of
probate and the registry where it was proved
(download copy for free or printout 50p per page)
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Post 1858 local registry copy
Welsh Wills at NLW

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22. 22

23. Letters of Administration 1878
Ferdinand Schlaepfer
• In the case of
intestacy a relative,
or creditor could
apply for letters of
administration or
ADMONS to sort
out the estate.
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24. 24
ADMONS etc
• Note up to 1870 Admons were indexed
separately in the annual calendars at PPR,
but they do come up on online searches.
• After 1870 they are indexed together
• Wills separately recorded in Scotland,
Ireland etc. but resealed in the English
courts are also listed at the back of the
indexes.

25. 25
Some could not leave wills
• Children
• Lunatics
• Criminals
• Married women before the 1883 Married
Women’s Property Act without consent of
husbands

26. 26
Before 1858
In the name of God amen
I give to the worst of women except being a whore
who is guilty of all ills , the daughter of Mr. Gramont
a Frenchman, who I have unfortunately married,
five and forty brass halfpence which will buy her a pullet
for her supper – a greater sum than her father can often make
for I have known when he had neither money nor credit for
such a purchase being the worst of men and his wife the
worst of women in debaucheries. Had I known their character I had
never married their daughter nor made myself unhappy.

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28. 28
Will abstract
THOMAS ARROWSMITH the elder of Beeston, yeoman
• …unto my son THOMAS ARROWSMITH … my messuages
[dwelling house, & outbuildings etc] … situate in Tattenhall
Cheshire [and] in Beeston … subject to the payment of the clear
yearly sum of £12 … unto my loving wife Elizabeth (executrix)
• Son JOSEPH ARROWSMITH £400 (from brother)
• Daughter RACHEL ARROWSMITH £150
• Grandson THOMAS DOD £10
• Daughter ALICE wife of THOMAS CHALLINER 20sh
• Daughter ELIZABETH wife of JOHN FENNA 20sh
• Daughter SARAH wife of ROBERT HINTON
• Daughter MARY wife of Thomas FAULKNER 20sh
• Daughter MARTHA wife of JOHN BAILY
Will dated 24 November 1727
Probate 7 December 1730 @ Consistory of Chester
Testator died 11 November 1730

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Pre 1858
wills proved in church courts
Consistory Court of Hereford

30. 30
Church Court Hierarchy
pre 1858 wills
Ecclesiastical Courts
Peculiars
(Rectors, Dean& Chapter)
(Crown, Bishop, Archdeacon)
(University, Lord of the Manor)
Archdeaconry Courts
(Archdeacon)
Diocesan Court
Consistory or Commissary
(Bishop)
Prerogative Court of Canterbury
PCC
Province of Canterbury
(Chancellor or Registrar of Archbishop)
Peculiars
(Rectors, Dean& Chapter)
(Crown, Bishop, Archdeacon)
(University, Lord of the Manor)
Archdeaconry Courts
(Archdeacon)
Diocesan Court
Exchequer, Consistory or Commissary
(Bishop)
Prerogative Court of York
PCY
Province of York
(Chancellor or Registrar of Archbishop)

31. 31
General Rules for Finding
Wills before 1858
1. Land/property all in one archdeaconry
=ARCHDEACONRY COURT
2. Land/Property in more than one archdeaconry but
within one diocese
=CONSISTORY/COMMISSARY
3. Land/Property in more than one diocese but all in
Province of York = PCY
4. Land/Property in more than one diocese but all in
Province of Canterbury = PCC
5. Land/Property in both Provinces = PCC (senior)
6. Outside archdeaconry but still in jurisdiction of
Consistory or Province = PECULIAR

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BROADLY SPEAKING
Pre 1858
WILLS CAN BE FOUND IN
• Local County/Diocesan Record Offices
• Borthwick Institute in York
• National Archives in London
Filmed by LDS

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What to read
• Sin, Sex & Probate:Ecclesiastical Courts, Officials
and Records – Colin R Chapman
• Probate Jurisdictions: Where to look for Wills by
Jeremy Gibson & Else Churchill
• Will Indexes and Other Probate Material in the
Library of the SoG by N Newington-Irving
• Phillimore Atlas & Index of Parish Registers
• Maps of local courts jurisdictions
• Show peculiars

34. 34
Gibson Guide
Updated by Andrew Millard’s Genealogy Page
Recent Indexes to English and Scottish Probate Records
www.dur.ac.uk/a.r.millard/genealogy/probate.php

35. 35
Andrew Millard’s Genealogy Page
Andrew Millard's Genealogy Recent Indexes to English and Scottish Probate
Records.mht

36. 36
The Phillimore Atlas & Index of Parish Registers

37. 37
Kent
West Kent
• Rochester Consistory &
Archdeaconry Courts
• Peculiars of Shoreham
& Cliffe
David Wright’s West Kent Probate
Index 1800-1858 coming soon on CD
East Kent
Canterbury Consistory
& Archdeaconry
Courts

38. 18 51 Jurisdictions
http://maps.familysearch.org/
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39. 39
Pre 1858 Search strategy
• PCC on line or at TNA
• Local Diocesan Record Offices
– (some local indexes online e.g Chesh & Gloucs)
• PCY at Borthwick Institute
• Check LDS Family History Library
Catalogue and obtain copy from LDS
family history centre once you know the
court
• SoG Indexes & Collections

40. 40
Prerogative Court of Canterbury
PROB 11
Registered Wills @ TNA
On line @
www.nationalarchives.gov.uk/
Documentsonline/DISCOVERY
• Originals and other classes of PCC
probate documents at Kew
• See the SoG online hints and tips –
Finding and downloading PCC
wills from TNA website

41. 41
Wills in Lesser London Courts
• London Metropolitan Archives (Greater London outside the City)
• Consistory Court of London 1362-1858 *
• Archdeaconry Court of Middlesex 1660-1810 *
• LMA (City of London, parts of Westminster, Middlesex, Essex &Herts)
• Commissary Court of London 1374-1830 *
• Archdeaconry Court of London 1393-1781(few to 1807)*
• Peculiar Court of Dean & Chapter of St Pauls 1535-1781*
• Royal Peculiar of St Katherine by the Tower 1698-1793
• Westminster Archives (Some of Westminster and part of City of London)
• Royal Peculiar of Dean & Chapter of Westminster 1504-1829
• Lambeth Palace Library (Small part of Middlesex and part of City of London)
• Peculiar of Deanery of Croydon 1664-1841
• Deanery of the Arches 1620-1780
• ALL WILLS & ADMONS of these courts 1750-1858 have been indexed by David Wright, 71
Island Wall, Whitstable, Kent CT5 1EL
• * are on Ancestry.co.uk

42. 42

43. Some Local Online Wills
see Andrew Millard’s Genealogy Page for links
• Cheshire RO (index & images)
• Dorset RO (index & images on Ancestry)
• Durham & N’thld (index North East
Inheritance Database, Durham University)
• Essex RO index & some images
• Gloucester RO index via catalogue
• Wiltshire RO index & images
• Nat Lib Wales all courts index & images
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45. 45
British Origins bought by findmypast
National Wills Projects

46. findmypast
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Some pre 1858 printed indexes on
Ancestry.co.uk

48. 48
Wills of Dame Fern Norris proved 1893 &
Andrew North of Whitchurch proved 1715.
The Society hold thousands
of copies, abstracts and
transcripts of probate
documents from local
church courts as well as the
later civil courts. These
documents are being listed
and an index is available on
our website. The SoG holds
all available indexes and
finding aids for wills
around the country.

49. 49
Sources @ SoG
• 1858-1930 Indexes on Film
• IR 27 Estate Duty Indexes 1796-1858
• All published indexes pre 1858
• British Record Society Index Library Vols (BRS)
• MS local church court calendars on film
• Abstracts – e.g. Bank of England Wills 1717-1845
(abstracts of wills referring to government stock)
• Copies in Document Collections
– Indexed on SoG members area

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52. 52
Unique indexes?
WELLS WILLS
Unpublished MS indexes and calendars
for
Consistory, Deanery and Archdeaconry
Courts of Wells plus peculiars on fiche in
Lower Library at the Society of
Genealogists. This MS index was made
before the originals were destroyed at
Exter.

53. 53
Wills destroyed at Exeter?

54. 54

55. Reading, abstracting and
transcribing probate documents
Visit the learn pages of the SoG website
www.sog.org.uk and read the palaeography
hints and tips parts 1 & 1 (H&T 10&11)7
Visit the reading old documents pages of
the National Archives website
http://www.nationalarchives.gov.uk/records/reading-old-documents.htm
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56. 56
Thomas Wheeler
Citizen and Draper of London
Will dated 8 May1626
“to my son which I fullishlie begott not in wedlock but in
recompense of my sins for the child is not at fault …to him all
my goods at 21…If he dies Richard Turner my kinsman to have
them.. Land I have in mortgage with my kinsman John Turner I
give to him again… he is to take my child Thomas W who hath
been brought up by John Lodwyn who had some time been my
servant… Sd Thomas Turner to be exor. To his wife my
diamond ring … To servants of the house when I die 20/
Written with my own hand – No witns
Proved 19 Sep 1626 John Turner Exor
Name of Register: Hele Quire Numbers: 109 - 154 [113]
(PCC Prob11/150 image ref 9669)

57. Sir Robert Bevil Kt d.1635
• “I give and bequeath to my son-in-law Sir John
Hewell Bt, tenn shillings and noe more, in respect
he stroke and ceaselessly fought with mee”
• “I give unto my wyfe ten shillings in respect she
took her sonnes part against me and did and did
anymate and comforte him afterwards. These will
not be forgotten”
• “Inasmuch as she hath not only deserted mee, but
hath taken into her possession all her own goods
and hath disposed of them at her own pleasure ….
to make no ampler provision for her”
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58. John Parker Book Seller of Old Bond Street
• “To one Elizabeth Parker whom through
fondness I made my wife, without regard
to family, fame or fortune and who in
return has not spared most unjustly to
accuse me of every crime regarding
human nature, except highway robbery, I
bequeath the sum of fifty pounds”
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59. John George of Lambeth d 1791
Seeing as I have had the misfortune to be married to the aforesaid
Elizabeth, who ,ever since our union, has tormented me in every
possible way: that, not content with making game of all my
remonstrances, she has done all she could to render my life
miserable; that heaven seems to have sent her into the world solely
to drive me out of it; that the strength of Samson, the genius of
Homer, the prudence of Augustus, the skill of Pyrrhus, the patience
of Job, the philosophy of Socrates, the subtlety of Hannibal, the
vigilance of Hemogenes, would not suffice to subdue the perversity
of her character; that no power on earth can change her, seeing we
have lived apart during the last eight years, and that the only result
has been the ruin of my son whom she corrupted and estranged
from me; weighing maturely and seriously all these considerations,
I have bequeathed , and I bequeath to my said wife Elizabeth the
sum of one shilling to be paid unto her within six months of my
death.
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60. William Kinsett
• Believed the miasmata of churchyards to be more or less
pernicious to the locality bequeathed his body to the
Imperial Gas Company, to be consumed to ashes in one
of their retorts, accompanying the request with a £10
note
– “nevertheless should the fanaticism and superstition
of the times prevent the fulfiment of this my request,
then my executors must submit to have my remains
buried in the plainest manner possible in my family
grave in St John’s Wood Cemetery to assist in the
poisoning of that neighbourhood”
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