Wills, inventories and probate records

Background

From 1530 to 1782 every executor had to appoint three or four local men to appraise or value the deceased’s personal estate and provide the probate court with a full inventory or list of goods and their value. Inventories are associated with wills or, if a person died intestate (without a will), with the letters of administration which allowed the next of kin to wind-up the deceased’s estate. An inventory was not a legal requirement after 1782 but an interested party could request one. This means that fewer inventories survive for the later period.

In Gloucestershire the main series of inventories begins in 1587 and complements the series of wills.

Wills or Letters of Administration and Inventories are normally filed together but in Gloucestershire they were separated into two series in the late 19th century. This means that some inventories have not survived. If the deceased owned property in more than one diocese, the inventory would have been submitted to the Prerogative Court of the Archbishop of Canterbury or York, depending where the estates were.

Until 1858 wills were proved by the church courts in the local diocese. If a person owned land in more than one diocese their will was proved by the Prerogative Court of the Archbishop of Canterbury (PCC), now held in the National Archives, or the Prerogative Court of the Archbishop of York (PCY), now held at the Borthwick Institute, York. After 1858 wills were proved by a civil probate court. A will could be made years before the actual death of the testator or on their deathbed. If the testator wanted to make a change without writing a completely new will, they would write a codicil which would be signed and witnessed just like the original will.

Inventories are detailed lists of the personal estate belonging to the deceased so do not include any real estate (land and property). They are often arranged room-by-room. Their main purpose was to establish the total value of the deceased’s possessions so that any dispute over the will could be settled more easily. There can be a lot of variation in the amount of detail included and values could be estimated

Inventories are a marvellous resource and can reveal a huge amount of information about the testator’s lifestyle, social status, personality and even relationships. They can list personal possessions including furniture, furnishings and clothing, cash, shares, debts owing or owed, crops, livestock, and tools of trade. They provide ‘flesh on the bones’ for family historians. Local and social historians can use inventories to gain valuable insights into social and economic change.

Churches were required to make regular inventories or ‘terriers’ of the property it owned in the parish. These can include church plate and furnishings as well as buildings and land; they form part of parish collections or the diocesan records.

Inventories are detailed lists of the personal estate belonging to the deceased so do not include any real estate (land and property). They are often arranged room-by-room. Their main purpose was to establish the total value of the deceased’s possessions so that any dispute over the will could be settled more easily. There can be a lot of variation in the amount of detail included and values could be estimated

Inventories are a marvellous resource and can reveal a huge amount of information about the testator’s lifestyle, social status, personality and even relationships. They can list personal possessions including furniture, furnishings and clothing, cash, shares, debts owing or owed, crops, livestock, and tools of trade. They provide ‘flesh on the bones’ for family historians. Local and social historians can use inventories to gain valuable insights into social and economic change.

Churches were required to make regular inventories or ‘terriers’ of the property it owned in the parish. These can include church plate and furnishings as well as buildings and land; they form part of parish collections or the diocesan records.

A will enables a person (the testator if a man or testatrix if a woman) to specify how they want their property and possessions to be divided up after their death. Wills often include detailed information about the testator’s close family – spouse, children and grandchildren as well as their wider family – siblings, nephews, nieces, cousins and godchildren. Even friends, neighbours and servants can be included. Individual bequests can suggest friction or rifts within a family or the incapacity of a particular family member. You can also find references to family members who have emigrated and references to the children of a dead relatives of the testator.

Until the mid-1700s it was seen as a moral obligation to make a will to dispose of worldly possessions and leave a bequest to the church and the poor. This means that a wide variety of people across the social scale left a will although married women were not included since all their possessions belonged to their husband! This didn’t change until the Married Women’s Property Act, 1882.

Wills from the 1500s and 1600s often include details of a place of burial and wills can suggest whether the testator had connections outside his place of residence. As well as names and relationships, wills often include detailed information about the testator’s possessions and what they considered valuable or worth leaving to a favoured relative. There are references to individual animals (sometimes even named), pieces of furniture, jewellery and items of clothing as well as property. Sometimes an item like a piece of silver, a clock or jewellery that has come down the generations until the present day, is mentioned. An inventory adds even more information about the testator’s lifestyle with details of books and luxury items and can shed light on occupations with details of implements and equipment. For local and social historians, wills and inventories can give valuable insights into the life of a whole community and illustrate changing traditions as society became more secular and more affluent.

A will enables a person (the testator if a man or testatrix if a woman) to specify how they want their property and possessions to be divided up after their death. Wills often include detailed information about the testator’s close family – spouse, children and grandchildren as well as their wider family – siblings, nephews, nieces, cousins and godchildren. Even friends, neighbours and servants can be included. Individual bequests can suggest friction or rifts within a family or the incapacity of a particular family member. You can also find references to family members who have emigrated and references to the children of a dead relatives of the testator.

Until the mid-1700s it was seen as a moral obligation to make a will to dispose of worldly possessions and leave a bequest to the church and the poor. This means that a wide variety of people across the social scale left a will although married women were not included since all their possessions belonged to their husband! This didn’t change until the Married Women’s Property Act, 1882.

Wills from the 1500s and 1600s often include details of a place of burial and wills can suggest whether the testator had connections outside his place of residence. As well as names and relationships, wills often include detailed information about the testator’s possessions and what they considered valuable or worth leaving to a favoured relative. There are references to individual animals (sometimes even named), pieces of furniture, jewellery and items of clothing as well as property. Sometimes an item like a piece of silver, a clock or jewellery that has come down the generations until the present day, is mentioned. An inventory adds even more information about the testator’s lifestyle with details of books and luxury items and can shed light on occupations with details of implements and equipment. For local and social historians, wills and inventories can give valuable insights into the life of a whole community and illustrate changing traditions as society became more secular and more affluent.


How to find the records

Wills are usually arranged by the date of probate, which is not the same as the date of death. Probate could be granted months or even years after the death. This delay was usually due to a family dispute.

*During the Commonwealth period, 1650-1660, the diocesan courts didn’t function so wills were proved in a central Court of Commission – these records are held in the National Archives.

^The National Probate Calendar can be searched online via www.ancestry.co.uk. It gives the name and address of the deceased, date and place of probate, value of the estate and the name of the executor or the person to whom letters of administration were granted

Coverage Where to find them Copies?

Before 1541

The Diocese of Gloucester did not exist until 1541 Worcestershire Record Office, Herefordshire Record Office Please contact the relevant Archive

1541-1858*

Ancestry Wills & inventories have been indexed by Ancestry available for free at Gloucestershire Archives and at any Gloucestershire Library.] On www.ancestry.co.uk the database is called Gloucestershire, England, Wills and Inventories, 1541-1858 Genealogical Database http://ww3.gloucestershire.gov.uk/genealogy/Search.aspx Make a print in the searchroom from the digital images on Ancestry.

1858-1941 (Wills only)

National Probate Calendar available on Ancestry or a digital index on a standalone PC in the searchroom. Digital images on a standalone PC in the searchroom Make a print from the digital images or order copy from Leeds Probate Registry

1941-1966

National Probate Calendar^ Gloucester Probate Registry Yes, please contact them for price

1967-1972

Leeds District Probate Registry (covers whole country 1858 onwards) Yes, please contact them for price

1973-

Probate Registry in Oxford Yes, please contact them for price

To search for inventories in our collections, please use our online catalogue. Choose the “advanced search” option and use “inventor*” as a keyword (this will find “inventory” and “inventories”). Click on the “findingref” number on the left hand side of your hit-list to view more information about each item.

  • Gloucestershire Archives’ personal name index and online catalogue will identify copies of wills and related papers that have been deposited as part of a larger family collection or in a solicitor’s collection.
  • Newspapers and publications like the Gentleman’s Magazine include details of some obituaries and wills.
  • Disputes over wills before 1858 were heard in the diocesan court and some of the court papers have survived in the GDR B4/2 series. These are indexed by name on the online catalogue and are available on microfilm which need to be ordered. There is more information about individual cases in the diocesan court books.
  • Have you tried wills proved by the Prerogative Court of Canterbury (1384-1858)? If the deceased was wealthy or had property in more than one diocese, the will could have been proved there. These can be viewed on Ancestry or downloaded from the National Archives website for a fee.
  • Gloucestershire Archives’ personal name index and online catalogue will identify copies of wills and related papers that have been deposited as part of a larger family collection or in a solicitor’s collection.
  • Newspapers and publications like the Gentleman’s Magazine include details of some obituaries and wills.
  • Disputes over wills before 1858 were heard in the diocesan court and some of the court papers have survived in the GDR B4/2 series. These are indexed by name on the online catalogue and are available on microfilm which need to be ordered. There is more information about individual cases in the diocesan court books.
  • Have you tried wills proved by the Prerogative Court of Canterbury (1384-1858)? If the deceased was wealthy or had property in more than one diocese, the will could have been proved there. These can be viewed on Ancestry or downloaded from the National Archives website for a fee.

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