WILLS and ADMINISTRATIONS

Before 1858.

Prior to 1858, the proving of wills 'probate' was handled by ecclesiastical courts, with jurisdiction in archdeaconries, dioceses of bishops (consistory courts) and provinces of the archbishops of Canterbury and York (prerogative courts, usually abbreviated to PCC and PCY). There were also areas which were exempt from archidiaconal and episcopal jurisdiction, known as 'peculiars'.

After 1858.

From 11 January 1858 Wills and Letters of Administration (commonly shortened to Admons) made in England and Wales were proved at the principal Probate Registry in London or at the District Probate Registries. Indexes are now held in the Principal Probate Registry, Somerset House, The Strand, London. The indexes may be consulted without charge and include a brief account of the main details, names, address, date and place of death, occupation of deceased, executors and total value of the estate. Until 1870 Wills and Administrations are indexed separately.

District Probate Registries are located in numerous cities. Copies of Wills for England and Wales can be ordered, but the Indexes cannot be ordered here. Indexes for public inspection are available in many local Record Offices but bear in mind that it may be necessary to make an appointment.

Bear in mind that it is rare to find a will for a married woman before 1882 and the passing of the Married Woman's Property Act. Prior to that her possessions were legally the property of her husband.

A person who dies without leaving a will is said to have died intestate. Many people die without leaving a Will. In such cases their goods are divided between the children or taken over by a surviving partner. If no property is owned no legal process is involved. If, however, property is involved or there is money in a bank or savings scheme, an application for probate has to be made and Letters of Administration are granted to enable the heirs to realise the property or obtain the money.