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Primary records of genealogical value created in the probate process include wills (those disposing of land or real property), testaments (those disposing of personal property), letters of administration and probate register books. Often a will and testament are included together in one document. | Primary records of genealogical value created in the probate process include wills (those disposing of land or real property), testaments (those disposing of personal property), letters of administration and probate register books. Often a will and testament are included together in one document. | ||
=== General Historical Background === | === General Historical Background === | ||
The first residents of New Zealand were Maori. Because the Maori Land Court had jurisdiction to probate wills and administrations for the Maori people, the original records dealing with their estates are found at: | The first residents of New Zealand were Maori. Because the Maori Land Court had jurisdiction to probate wills and administrations for the Maori people, the original records dealing with their estates are found at: | ||
:'''Maori Trust Office'''<br>PO Box 3943<br>Wellington<br>New Zealand<br>Internet: http://www.tpk.govt.nz/about/structure/mto/default.asp | :'''Maori Trust Office'''<br>PO Box 3943<br>Wellington<br>New Zealand<br>Internet: http://www.tpk.govt.nz/about/structure/mto/default.asp | ||
Prior to 16 June 1842, New Zealand wills were probated in New South Wales, Australia. These early original wills are held by the Supreme Court of New South Wales. To access them, contact: | Prior to 16 June 1842, New Zealand wills were probated in New South Wales, Australia. These early original wills are held by the Supreme Court of New South Wales. To access them, contact: | ||
:'''Probate Division<br>Supreme Court of New South Wales'''<br>Law Courts Building, 5th Floor<br>Queen’s Square<br>Sydney, New South Wales 2000<br>Australia<br>Internet: http://www.lawlink.nsw.gov.au/sc | :'''Probate Division<br>Supreme Court of New South Wales'''<br>Law Courts Building, 5th Floor<br>Queen’s Square<br>Sydney, New South Wales 2000<br>Australia<br>Internet: http://www.lawlink.nsw.gov.au/sc | ||
The pre-1842 wills have been indexed in the New South Wales Probate Index and are available in many repositories in New Zealand. It would be necessary to contact individual repositories to determine if they hold copies of the indexes. For names and addresses of repositories, see the "[[New Zealand Archives and Libraries|Archives and Libraries"]] section of this outline. While the indexes give only the name of the deceased, residence and death date, the residence would be designated as New Zealand and would be valuable in locating early wills in New Zealand. | The pre-1842 wills have been indexed in the New South Wales Probate Index and are available in many repositories in New Zealand. It would be necessary to contact individual repositories to determine if they hold copies of the indexes. For names and addresses of repositories, see the "[[New Zealand Archives and Libraries|Archives and Libraries"]] section of this outline. While the indexes give only the name of the deceased, residence and death date, the residence would be designated as New Zealand and would be valuable in locating early wills in New Zealand. | ||
From 16 June 1842 until 1980, probate records were kept by the Supreme Court. In 1980 the name of the Supreme Court was changed to the High Court. Most wills were probated in the court nearest a person’s place of residence. More recent wills are held in the local probate courts so it is important to search the records of all probate courts in all localities where the individual had property. Archives New Zealand now holds the early wills from 16 June 1842 up to the 1970s and 1980s<br> | From 16 June 1842 until 1980, probate records were kept by the Supreme Court. In 1980 the name of the Supreme Court was changed to the High Court. Most wills were probated in the court nearest a person’s place of residence. More recent wills are held in the local probate courts so it is important to search the records of all probate courts in all localities where the individual had property. Archives New Zealand now holds the early wills from 16 June 1842 up to the 1970s and 1980s.<br> | ||
[http://www.archway.archives.govt.nz/ www.archway.archives.govt.nz/] and go to Simple Search, and enter the Name of the person whose Will/Probate you want to find. | |||
A chart showing the location of wills and administrations for each of the High Courts as of 1 August 1995 is provided in Bromell, Anne. ''Tracing family history in New Zealand''. Auckland, New Zealand: Godwit Publishing Ltd., 1996. Pg. 90. This chart can be valuable in locating the whereabouts of the wills of your ancestors. | A chart showing the location of wills and administrations for each of the High Courts as of 1 August 1995 is provided in Bromell, Anne. ''Tracing family history in New Zealand''. Auckland, New Zealand: Godwit Publishing Ltd., 1996. Pg. 90. This chart can be valuable in locating the whereabouts of the wills of your ancestors. | ||