Wales Probate Records: Difference between revisions

Probate records are court records dealing with the distribution of a person’s estate after death. Information recorded may include the death date, names of heirs and guardians, relationship, residence, inventories of the estate (including trade and household goods), and names of witnesses. Any person, regardless of class or wealth, may have left a will or might be mentioned in one.  

<br>While probate records are one of the most accurate sources of genealogical evidence, use them with caution because they may:<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>

 

'''Testament.''' A testament conveys personal (move-able) property to heirs. The term will eventually referred to both a will and a testament.<br>

 

'''Administration, Letters of Administration, or Admon.''' These names refer to a document appointing someone to supervise the estate’s distribution for someone who died intestate (without a valid will). This document gives very little information but may contain some useful clues, such as the name of the administrator, who was usually a relative of the deceased.<br>

 

'''Admon with Will.''' This record grants administration to someone else when the executor named in the will is deceased, unwilling, or unable to act as executor. A copy of the will is attached.<br>.

'''Inventory.''' An inventory lists belongings and their values, including such items as household goods, tools, and personal items. Occupations are often mentioned.<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.  

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.  

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.

<br> [[The National Library of Wales]] in Aberystwyth hold copies of wills proved in Welsh ecclesiastical courts:  

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 1861-1941 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>  

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>  

'''WALES - PROBATE RECORDS&nbsp;''' <br>  

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

'''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 1861-1941 (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].  

For copies of wills or administrations after 1857 you can write to:  

 

 

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.  

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>  

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[[Wales, Llandaff Probate Abstracts (FamilySearch Historical Records)]]