Family History - WillsIn family history, wills can be vital. Don’t overlook them! These can be some of the most exciting resources in genealogy.
For family history, wills contain information
that can give a real insight into the life, times and even character of your ancestors. If you are confused over terms connected with wills,
click on my glossary.
Many people were quite specific in their wills. This photograph shows my son and daughter at St Lawrence churchyard, Cowley, Middlesex, England. They are standing next to a worn eighteenth-century plaque, in memory of their ggggggg uncle, the Rev Charles Jaques, who died in 1767. The tablet may now be worn, but the inscription has survived in his will. Did my ancestor leave a will?Not everyone made a will. In fact, lunatics, prisoners, traitors, heretics and slaves could not make a valid will. Richer ancestors are more likely to have left one. However, even poorer people may have written one, so it’s still worth checking.In family history, wills can provide lots of useful information. And even if your ancestor died intestate (without a will), but had assets, you may be able to find out some information from letters of administration. Tip Married women – Before 1882, it’s unlikely that you’ll find a will for a married woman in England and Wales. When a woman married, her wealth became her husband’s. She was also unable to make a will, unless her husband agreed. It’s always worth checking, though, as there are a (very) few examples. This situation all changed with The Married Women's Property Law, passed in 1882. Don’t just consider your direct ancestor in your family history. Wills from other relatives can be just as useful. Particularly if you are researching an unusual name, it is often worth searching further afield. Tip Childless people often left their possessions to nieces and nephews. Aunts and uncles, cousins and other relatives often left gifts for favoured loved ones. And if your ancestor was a servant, perhaps her master remembered her in his will? In family history, wills can connect you to distant relatives that can help to break down brick walls. How do I find a will?If there were a will, it had to be formally approved (or proved) by a court. Where necessary, people were appointed to administer this estate. These were usually the executors named in the will. The court would then grant probate, allowing the executors to carry out the wishes expressed in the will.The will was then filed, and a copy copied by hand into a register. These register copies have generally survived. It’s just a case of finding them... Executors also kept copies of wills, and you may occasionally find these have survived at County Records Offices. Note Going to court to get a will proved cost money. Your ancestor might have made one. However, if he had a small estate and his family were happy to follow his wishes, they may have saved money by not bothering having it proved. In this case, the original would just be left among family papers, so it is less likely to have survived. If you are interested in family history, wills made by your ancestors provide vital information. What a pity that their family didn't realise this at the time! How to find a will depends on when the will was proved:
Example My ggg grandfather, Charles Watkins, died in 1809. However, the letter of administration was not granted until 1812, when his wife, Emily Mary Watkins, died intestate.
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