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Wales Probate Records: Difference between revisions
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''[[Wales]] [[Image:Gotoarrow.png]] Probate Records'' | ''[[Wales]] [[Image:Gotoarrow.png]] Probate Records'' | ||
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. | |||
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While probate records are one of the most accurate sources of genealogical evidence, use them with caution because they may:<br> | |||
*Omit the name of the eldest son who received his inheritance according to law, others who previously received their inheritance, or deceased family members. | *Omit the name of the eldest son who received his inheritance according to law, others who previously received their inheritance, or deceased family members. | ||
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'''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><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><br> | ||
'''Testament.''' A testament conveys personal (move-able) property to heirs. The term will eventually referred to both a will and a testament.<br><br> | '''Testament.''' A testament conveys personal (move-able) property to heirs. The term will eventually referred to both a will and a testament.<br><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><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><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><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><br> | ||
'''Inventory.''' An inventory lists belongings and their values, including such items as household goods, tools, and personal items. Occupations are often mentioned.<br><br> | '''Inventory.''' An inventory lists belongings and their values, including such items as household goods, tools, and personal items. Occupations are often mentioned.<br><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. | '''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. | ||
=== Laws and Customs === | === Laws and Customs === | ||
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><br> | 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><br> | ||
Before 1750 heirs often did not prove wills to avoid court costs. The will was often kept in case someone later objected to the distribution of the property. As a result, sometimes wills were probated decades after the testator’s death. Some archives have collections of unproved wills. Others may be among family papers. | Before 1750 heirs often did not prove wills to avoid court costs. The will was often kept in case someone later objected to the distribution of the property. As a result, sometimes wills were probated decades after the testator’s death. Some archives have collections of unproved wills. Others may be among family papers. | ||
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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. | 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. | ||
=== Guardianship === | === Guardianship === | ||
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. | 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. | ||
=== Probating a Will === | === Probating a Will === | ||
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. | 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. | ||
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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 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. | ||
== Pre-1858 Probate Courts == | == Pre-1858 Probate Courts == | ||
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Following are descriptions of the four types of Welsh probate courts: | <br> | ||
Following are descriptions of the four types of Welsh probate courts: | |||
*Peculiar courts had limited jurisdiction over small areas (sometimes just one parish). The only peculiar court in Wales is the Hawarden Peculiar, which covers Hawarden parish in Flintshire. | *Peculiar courts had limited jurisdiction over small areas (sometimes just one parish). The only peculiar court in Wales is the Hawarden Peculiar, which covers Hawarden parish in Flintshire. | ||
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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. | 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. | ||
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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.) | 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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[[The National Library of Wales]] in Aberystwyth hold copies of wills proved in Welsh ecclesiastical courts: | <br> | ||
[[The National Library of Wales]] in Aberystwyth hold copies of wills proved in Welsh ecclesiastical courts: | |||
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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 at ancestry.com under search Tax, Criminal, Land & Wills records [http://search.ancestry.com/search/db.aspx?dbid=1904 Will and Administration Searching].<br> | 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 at ancestry.com under search Tax, Criminal, Land & Wills records [http://search.ancestry.com/search/db.aspx?dbid=1904 Will and Administration Searching].<br> | ||
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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> | 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> | ||
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There are four steps to locating probate records:<br> | There are four steps to locating probate records:<br> | ||
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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> | 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> | ||
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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> | 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> | ||
'''Welsh Probate Indexes Pre-1858.''' An index to probate records for the various courts in Wales before 1858 has been compiled by The National Library of Wales. The indexes include references to wills, administration bonds, grants of administration, inventories, and other types of probate documents. <br> | '''Welsh Probate Indexes Pre-1858.''' An index to probate records for the various courts in Wales before 1858 has been compiled by The National Library of Wales. The indexes include references to wills, administration bonds, grants of administration, inventories, and other types of probate documents. <br> | ||
The index lists the name of the person who left the will (testator), the parish and abode, the occupation, and the references needed to go directly to the correct page in the wills. | The index lists the name of the person who left the will (testator), the parish and abode, the occupation, and the references needed to go directly to the correct page in the wills. | ||
The index is listed in the Place Search of the Family History Library Catalog under: | <br> | ||
The index is listed in the Place Search of the Family History Library Catalog under: | |||
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'''WALES - PROBATE RECORDS ''' | |||
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<br>[http://cat.llgc.org.uk/cgi-bin/gw/chameleon?skin=profeb&lng=en National Library of Wales] | <br>[http://cat.llgc.org.uk/cgi-bin/gw/chameleon?skin=profeb&lng=en National Library of Wales] | ||
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'''Abstracts of Welsh Wills Pre-1858.''' An important collection of Welsh probates are the abstracts (summaries) and indexes to the abstracts of the wills that are on microfiche at the Family History Library. The abstracts and indexes are by diocese; however, there is a separate set for the Arch deaconry of Brecon and the peculiar of Hawarden. The abstracts are arranged by year and contain the name of every person mentioned in the will, including the witnesses. There are separate indexes for each year for the:<br> | '''Abstracts of Welsh Wills Pre-1858.''' An important collection of Welsh probates are the abstracts (summaries) and indexes to the abstracts of the wills that are on microfiche at the Family History Library. The abstracts and indexes are by diocese; however, there is a separate set for the Arch deaconry of Brecon and the peculiar of Hawarden. The abstracts are arranged by year and contain the name of every person mentioned in the will, including the witnesses. There are separate indexes for each year for the:<br> | ||
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'''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]. | <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]. | |||
=== Probate Records at the Family History Library === | === Probate Records at the Family History Library === | ||
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To find call numbers for the probate records, look in the Place Search of the Family History Library Catalog under: | <br> | ||
To find call numbers for the probate records, look in the Place Search of the Family History Library Catalog under: | |||
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'''WALES - PROBATE RECORDS''' | |||
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For copies of wills or administrations after 1857 you can write to:<br> | <br> | ||
For copies of wills or administrations after 1857 you can write to:<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.<br><br> | 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.<br><br> | ||
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You may have difficulty locating a probate record because:<br> | You may have difficulty locating a probate record because:<br> | ||
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Some wills and many disputes over real property were handled by the Chancery Court of England. Some of the wills in this and other national courts are listed in:<br> | Some wills and many disputes over real property were handled by the Chancery Court of England. Some of the wills in this and other national courts are listed in:<br> | ||
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== External Links == | == External Links == | ||
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{{Place|Wales}} | {{Place|Wales}} | ||