“Wills to the genealogist can be the most valuable and also at times the most frustrating of aids to information. The first difficulty is in finding them and then, when you have done so, you are often disappointed at the meagre information which they reveal.” (Hamilton-Edwards, 1983)

Wills and Estates

Using Wills in family history can be a very informative way to uncover information about your ancestors. Wills can provide detailed information about an ancestor's family members, such as spouses, children, siblings, and other relatives. They can also provide insight into the financial, social, and legal status of the deceased. Wills can also give clues to an ancestor's place of residence, occupation, and other important details. Additionally, and importantly, they may provide clues to other records that can be used to further research the family. Wills can be found in a variety of sources, such as local archives, probate records, and online databases. By utilizing Wills in family history research, genealogists can gain a better understanding of their ancestor's life and the lives of their relatives.

Whilst it is a truism that most of us nowadays will die “testate”[1] this has not always been the case. The opposite of this is “intestate”[2]. Wills are “proven”[3] and the wishes of the deceased are carried out by their “executor(s)”[4]. In some cases, the executors will have to apply for “probate”[5] before they can carry out the deceased wishes and instructions.

Of course, there is the potential for huge differences between the legal and moral requirements today and what has been the case in history. From 1858 to the present day Wills proven in England and Wales have been recorded and indexed in one of a small number of official locations, and copies can be seen. If someone dies intestate, then an “Administration” is available for inspection.

Wills and Administrations before 1858 were carried out by the church. This presents its own difficulties. One would need a good idea of where someone had died so that a search of the correct diocese or archdeaconry in which the Will or Administration was proved can be made.

One important element of dealing with a deceased’s estate is the making of an inventory. The inventory will list the persons goods and assets making up the entire estate. It is this inventory, especially in cases where our ancestor was deemed “well to do”, that can be so informative and provide much background into the day-to-day life of our ancestor.

[1] Having left a Will.

[2] Having not left a Will.

[3] Legally accepted as genuine.

[4] A named individual or individuals instructed by the deceased (and usually named in the Will) to supervise the actions required to carry out the deceased’s wishes contained in the Will.

[5] Legal permission in the form of a document issued by the court confirming the appointment of Executors and their right to administer an estate. This is called Confirmation in Scotland.

References

Hamilton-Edwards, G., 1983. In Search of Ancestry. 4th ed. Chichester: Phillimore & Co. Ltd.

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