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Wills were made primarily by the middle and upper classes, the majority of whom were nobility, gentry, merchants, or tradesmen. Most wills were left 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. | Wills were made primarily by the middle and upper classes, the majority of whom were nobility, gentry, merchants, or tradesmen. Most wills were left 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. | ||
When a property owner died without leaving a valid will, the next-of-kin or creditors may have received Letters of Administration | When a property owner died without leaving a valid will, the next-of-kin or creditors may have received Letters of Administration. | ||
Until 1660 when a landholder died, his heir, if of age, had to pay a fee called "livery" to the Crown before taking possession of the land. If underage, the heir became a ward of the Crown. Crown jurisdiction was determined by an "inquisition post mortem." Records of inquisitions may list heirs, their relationships to the deceased, and land holdings. (See the "[[England Land and Property|Land and Property]]" section of this outline.) The practice of selling the Crown’s guardianship to a third party led to the Court of Wards and Liveries, which was a source of funds for the government. | Until 1660 when a landholder died, his heir, if of age, had to pay a fee called "livery" to the Crown before taking possession of the land. If underage, the heir became a ward of the Crown. Crown jurisdiction was determined by an "inquisition post mortem." Records of inquisitions may list heirs, their relationships to the deceased, and land holdings. (See the "[[England Land and Property|Land and Property]]" section of this outline.) The practice of selling the Crown’s guardianship to a third party led to the Court of Wards and Liveries, which was a source of funds for the government. | ||
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Before 1750 heirs often did not prove wills in order to avoid court costs. The will was often kept in case someone later objected to the property’s distribution. As a result, wills were sometimes probated many years after the testator’s death (one was as late as 76 years later). Some archives have collections of unproved wills. Other wills may be among family papers. | Before 1750 heirs often did not prove wills in order to avoid court costs. The will was often kept in case someone later objected to the property’s distribution. As a result, wills were sometimes probated many years after the testator’s death (one was as late as 76 years later). Some archives have collections of unproved wills. Other wills may be among family papers. | ||
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 original entail. | 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 original entail. | ||
==== Guardianship ==== | ==== Guardianship ==== | ||