Wills

Wills are among the most useful sources for family history. They can provide details of an individual’s family and possessions.

For a will to be legally acted upon, it has to be “proved” - a judge has to rule that it contains the last wishes of the deceased. This process is called probate.

If someone died intestate (without leaving a will) the next of kin could apply for a grant of administration to gain control of the estate.

Scotland

A testament is the collective term used to describe all the documents relating to the executry of a deceased person. Every testament has an inventory of the dead person’s property. This may be a brief summary valuation of the goods involved, or it can be a long list of individual items and valuations.

In addition, a small number of testaments include a will, a statement by the deceased person of how he or she wished his or her worldly goods to be disposed of among family and friends.

Where there is a will, the document was known as a “testament testamentar” (the equivalent of English probate).

If there was no will, it was called a “testament dative” (the equivalent of English letters of administration).

How to access wills

Various different bodies hold wills. See How to access wills for further information.