Wales Probate Records: Difference between revisions

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*Mention a spouse who is not the parent of the children named.<br>

'''Will.''' Technically, a will conveys real (immovable) property to heirs after an individual’s death. A registered will is an official copy made by a court clerk.<br>  

'''Bond.''' A bond is a written guarantee that a person will faithfully perform the tasks assigned to him by a probate court. The executor posted a testamentary bond, the administrator posted an administration bond, and the guardian of a minor child posted a bond of tuition or curation.  

Wills were made primarily by the middle and upper classes, mostly by males with property. Before 1882 a wife who died before her husband could not make a will except with her husband’s consent or under a marriage settlement created before her marriage. A widow, however, could make a will.<br>  

Until 1833 real property could be entailed. This specified how property would be inherited in the future. An entail prevented subsequent inheritors from bequeathing the property to anyone except the heirs specified in the entail.  

When a father or widow died leaving minor children, relatives usually took in the children without court sanction. Sometimes, the court appointed a guardian or curator to look after the children’s interests until they reached the age of 21. If a child was under marriageable age, guardianship was called tuition. Under age was considered 12 for girls and 14 for boys. If the child was of marriageable age, but under 21, it was called curation.  

Usually the location of the deceased property determined which court had jurisdiction (see "Determining the Court" in this section). The probate process began by presenting the will to the court. The court recorded a probate act authorizing executors to carry out the wills provisions. The original will was endorsed and filed in the court’s records. A handwritten copy was given to the executors. (Before 1600 the executors may have received the original.) The clerk may also have copied the will into a book of registered wills.  

If a person did not agree with how the court handled the will, he or she could appeal to a higher court. This led to additional documents in the court of appeal, including assignation books (calendars of petitions of appeal, annotated with action taken) and other documents. Unless a complaint was filed, there were usually no further court records. Probating a will took place any time after the person died sometimes many years later.  

In Wales, four types of church courts [[Abstracts of Welsh Wills Pre 1858|probated wills]]: peculiar, archdeaconry, Bishops’, and the Prerogative Court of Canterbury. Usually the court with primary jurisdiction probated the will, but wealth, status, or convenience could have affected which court was used.  

If a court’s decision was disputed, additional records may be found among later records of the same court or in any court of higher jurisdiction. Decisions made in the diocesan and archdeaconry courts in Wales could be appealed to the Prerogative Court of Canterbury and then to the Court of Arches (of Canterbury). Final appeals from all courts were taken to the Pope until 1533. They were then taken to the Court of Delegates until 1832, after which the Privy Council handled them.  

Here is a list of the counties of Wales and the courts that had primary jurisdiction over all or part of them: (Click on a county name to learn more.)  

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Original wills in Wales have survived from 1565, depending on the court where they were probated. The courts have a continuous run of wills from then until 1858, when ecclesiastical probate courts were abolished.  

*'''St David's''': 1556 - 1858

On 11 January 1858, a network of courts called the Principal Probate Registry replaced all ecclesiastical probate courts. All wills and administrations were then probated at district courts or at a central court in London called the Principal Registry. Online indexes available 1858-1966 for both wills and administrations&nbsp;at ancestry.com under search Tax, Criminal,&nbsp;Land &amp; Wills records [http://search.ancestry.com/search/db.aspx?dbid=1904 Will and Administration Searching].<br>  

'''1858-1957''' - {{RecordSearch|2451051|England and Wales, National Index of Wills and Administrations, 1858-1957}} at [https://familysearch.org/search FamilySearch] — index

Beginning in 1796 a tax was levied on probates of estates valued over £10. Copies of the probate documents were filed with the Estate Duty Office in London when the tax was paid. Over the years various exceptions to the laws could have exempted the tax from being paid and a will from being filed.<br>  

There are four steps to locating probate records:<br>  

*Search the appropriate probate documents.

After 1857 it is not necessary to determine the court before searching for a probate record. To determine the court for pre-1858 probates, use one of the following publications:<br>  

*Gibson, Jeremy, comp. 4th ed. ''Probate Jurisdictions:'' ''Where to Look for Wills.'' Birmingham, England: Federation of Family History Societies (Publications) Ltd., 1997. (Family History Library {{FHL|657264|title-id|disp=book 942 P23g}} 1997.)

Many Welsh probate records have indexes. Some indexes are calendars, which are lists of wills organized by date with a separate section for each letter of the alphabet. Surnames with the same first letter are listed together but are not in alphabetical order. The following are of particular importance.<br>  

<br>'''WALES - PROBATE RECORDS''' <br>  

<br>[http://cat.llgc.org.uk/cgi-bin/gw/chameleon?skin=profeb&lng=en National Library of Wales] <br>  

;'''WALES - PROBATE RECORDS - INDEXES'''

;'''Searches of these indexes for all pre-1858 probate records can be made on the National Archives Website under the repository of the National Library of Wales by name, place and Court jurisdiction.'''

'''Principal Probate Registry.'''From 1858, all the wills and administrations that were proved in any of the district courts in Wales were indexed in the ''Calendar of the Grants of Probate and Letters of Administration'' made in the Principal Registry (see England and Wales Principal Probate Registry Including: General Index 1858–1957 Principal Registry 1858–1925 District Courts 1858–1925 in this section). The indexes include an abstract of the probate document with the date proved and the name of the court in which it was proved. These indexes are available online for the years 1858-1966 with gaps, see site for details) for both wills and administrations at ancestry.com under search Tax, Criminal, Land, and Wills records [http://search.ancestry.com/search/db.aspx?dbid=1904 Will and Administration Searching].  

The Family History Library has an excellent collection of Welsh probate records and indexes, including most pre-1925 wills and indexes for wills and administrations.  

Some probate records, including those of the Principle Probate Registry, the Prerogative Court of Canterbury, and the Estate Duty, are listed in the Place Search of the FamilySearch Catalog under: <br>  

:'''ENGLAND - PROBATE RECORDS - INDEXES'''

*''England and Wales Principal Probate Registry Including: General Index 1858–1957 Principal Registry 1858–1925 District Courts 1858–1925.'' Salt Lake City, Utah: The Church of Jesus Christ of Latter-day Saints, 1997. (Family History Library {{FHL|669640|title-id|disp=book Reg 942 S2cp 1997; microfiche 6037050}}.) Contains a list of the microfilm numbers for the indexes and probate documents for the Principal and District courts.

*'''1384-1858''' [https://www.ancestry.com/search/collections/5111/ England & Wales, Prerogative Court of Canterbury Wills, 1384-1858] at Ancestry ($)

*'''1853-1943''' [https://www.myheritage.com/research/collection-10691/england-wales-index-of-wills-probates-1853-1943?s=275764761 England & Wales, Index of Wills and Probates, 1853-1943] at MyHeritage, index ($)

*'''1858-1957''' - {{RecordSearch|2451051|England and Wales, National Index of Wills and Administrations, 1858-1957}} at [https://familysearch.org/search FamilySearch] — index

*'''1858-2019:''' [https://search.findmypast.com/search-world-Records/england-and-wales-government-probate-death-index-1858-2019 England & Wales Government Probate Death Index 1858-2019] at MyHeritage ($), index and images

The original pre-1858 probate records are held by the [[National Library of Wales]] at Aberystwyth. However, the records of the Prerogative Court of Canterbury and the Estate Duty Registers are deposited at The National Archives in London, England.  

'''York Probate Sub-Registry'''<br> Duncombe Place<br> York YO1 2EA<br> England<br>  

<br>If you choose to visit, the office location is:  

'''Probate Search Rooms'''<br> First Avenue House<br> 42–49 High Holborn<br> London<br> WC1V 6NP<br> England<br>  

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Sometimes solicitors (attorneys) kept will books, copies of wills they had prepared for clients. These books have often found their way into record offices. The books may include wills that were later revoked or never probated.

You may have difficulty locating a probate record because:<br>  

To overcome the above problems, search the records of all probate courts having jurisdiction over the areas where the individual had property. You may also need to extend your search several years after the individual’s death.<ref>The Church of Jesus Christ of Latter-day Saints, ''Research Outline: Wales'' (Salt Lake City: Corporation of the President, 2000), 57-61.</ref>  

'''A wiki article describing an online collection is found at:'''  

*[[Wales, Probate Abstracts - FamilySearch Historical Records]]

*[https://www.library.wales/information-for/family-historians/records/wills-and-probate-records/ National Library - Wills]

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<br> [[Wales, Llandaff Probate Abstracts - FamilySearch Historical Records]]