Wills post 1858

[busyglen]

Could someone confirm please that Wills after 1858 have to be viewed at TNA?

I have been trawling to see if my Edward Jones, who was a Scalemaker and died in 1864 (I think, as I am awaiting a death cert.) left a Will. I note from the National Archives, that the viewable on-line records are up to 1858.

Are there any other available records post 1858 that I could view? He died in Chelsea, London.

Many thanks.

Glenys

[AnnB]

Hello Glenys

Take a look at http://www.hmcourts-service.gov.uk/cms/1226.htm - it should answer your question, but I do wish they would make the blurb a little more clear and concise...... :o

There are also details on GENUKI at http://www.genuki.org.uk/big/eng/Probate.html

I sent to York for a post 1858 will on the 30th March last and it arrived on the 6th May, so if you do order any, be prepared for a wait ;)

Best wishes
Ann

[Peter Goodey]

Many record offices have the post-1858 probate calendars (indexes). If you're near one of the Kent archives - or intending to visit the FRC - it might be worth having a look. Otherwise, Ann has given you the details.

For future reference you may want to note that for pre-1858 wills, the National Archives data only covers some wills. There are many more places to try.

[busyglen]

Ann, thank you for those ULR's, will have a look this evening. I don't even know if there would have been a Will, but thought I would look, if I was able.

Glenys

[busyglen]

Peter, thanks for the advice. I'm unable to visit the FRC, but might manage to visit one of the Kent archives at some stage. I'll check the sites out that Ann mentioned, and go from there.

Thank you.

Glenys

[Geoffers]

I don't even know if there would have been a Will, but thought I would look, if I was able.
It's always worth looking, you'll never know if you don't!

Even though he may not have left a will, you might find an Admon (Letters of Administration). The index includes the same detail for admons as it does for wills. So you would expect to find his name, when and where died, probably an address, to whom admon was granted, often a relationship to the deceased, value of the estate, when and where admon was granted.

If only an admon was granted, the original document contains no more information than the index - so, whilst it might be nice to have at some time, it might not necessarily be a priority.

Geoffers

[Colin Moretti]

Wills can be proved and admons granted a loooooooooooooooong time after the person died. I have recently found an admon dated 1901 for a relative who died in 1868 (33 years!) and a will from another who died 10 years before it was proved. Unusual certainly, and the circumstances too complicated for a detailed explanation in this reply but it involved trust funds left by someone who died in 1861.

Colin

[busyglen]

Thanks for that info Geoffers. I did wonder about Letters of Admin. but wasn't sure what info (if any) would be available. I still intend to look through the index when I can, just in case there is something, although as I said, I doubt if there will be anything. But....you never know, and it will be a learning experience as well. ;)

Glenys

[busyglen]

Wills can be proved and admons granted a loooooooooooooooong time after the person died. I have recently found an admon dated 1901 for a relative who died in 1868 (33 years!) and a will from another who died 10 years before it was proved. Unusual certainly, and the circumstances too complicated for a detailed explanation in this reply but it involved trust funds left by someone who died in 1861.

Colin

Strangely enough Colin, before I had realised that my Edward Jones had died after 1858, I had browsed some of the earlier records, and it occurred to me then, that even if there had been a Will, it might not have been proven in the year that he died. I decided that it could be a long search! :(

Glenys

[Mythology]

On the subject of delayed probate ...

Does anyone know what the law was in the 1860s regarding the period you had to wait in the case of somebody missing presumed dead?

I have a number of wills and admons where people didn't exactly hurry, but one that puzzles me slightly is my John Debenham, brother of the better-known William (of Debenham's stores). John emigrated to Australia, popped back to England in 1865 with his wife, and they both died at sea in 1866 on their way home when the SS London went down.
Her body was found, but his was not, so I'd expect some delay but, in the absence of any actual knowledge, assumed that it would be seven years before the will could be proved.
It took me a while to find it in the National Probate Calendar, as William didn't do anything about it until twenty years after the event.

Not what I'd expect in this branch of the family, they are usually a bit more organised than my peasant branches who might take ten years to decipher the word "Will" on that bit of paper that they found in a drawer, then another ten wondering who "Will" was before the truth dawned on them ;), so I wonder if the law was different then?