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Wills After 1858

Wills after 1858 are easier to find than earlier wills. This is because, on 11 January 1858, the complicated ecclesiastical court system for proving wills was stopped. Jurisdiction for granting probates passed to the state, under the secular Court of Probate.

Since then, all wills in England and Wales have been proved at the Principal Probate Registry or at District Probate Registries. The Principal Probate Registry was based at Somerset House, London, England. It is now at High Holborn, London.

Part of the will of Charles King, 1871


Wills after 1858 are certainly usually easier to decipher than older wills. This is the will for my gg grandfather, Charles King of Sudbury. From it, I found that one of his sons had emigrated to South Africa. Another, Harton King, was missing.

How to Find the Will You Want

First, consult the indexes. The full indexes (National Probate Calendar) are available at the Principal Registry in London, England. They have been microfilmed, and these microfilms are also available at various places, including record offices and the Family Records Centre, London. Do check before you visit, as not all record offices keep indexes for all the years, particularly for after 1943. I’ll write more on this and online sources later.

Indexes are arranged alphabetically by year. Start your search in the year of death, and look for at least the following three years. When you find a will you are interested in, you will also find additional information, as shown in this example.


Example
The entry for my ggg uncle, who died in 1879, shows that it was proved at the Principal Registry. It reads:

Watkins Frederick Dick, personal estate under £300. 6 Oct

The Will of Frederick Dick Watkins late of 82 Clifton-hill (formerly no 11 Clifton Road) St. John's Wood in the county of Middlesex Gentleman who died 10 September 1879 at 82 Clifton-hill was proved at the Principal Registry by Mary Elizabeth Watkins of 82 Clifton-hill Widow the Relict of the sole Executrix.


Ordering a Will

Armed with this information, you can order a copy of the will from the Principal Probate Registry. You must give the full name of the deceased, the date of the grant, the Registry where it issued, what copies you want and pay the appropriate fee. You can get copies by post or by attending any Registry, but telephone and email orders are not accepted. Go to Her Majesty’s Courts Service for more information about wills after 1858. Don’t be put off by how complicated it looks. Just send them the information, money and you’ll soon have your hands on a will.

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