Until the 20th century, it is fair to say that most people did not bother to make a will. The main reason for this, of course, is that they had little property. However, there were exceptions.

The wealthy and those in business, such as shopkeepers, usually made a will as did some farmers.

If a person died intestate (without making a will), an application could be made to a court for the appointment of one or more administrators, to administer the deceased's estate and divide it among the beneficiaries. The administrators were usually the deceased's next of kin but sometimes his creditors were appointed.

These records of appointment by the courts were known as 'letters of administration' (or admons).


Prior to 1858

Before 12th January 1858, the proving of wills and the grant of administrations was undertaken by the ecclesiastical courts. These can be divided up into 3 sections.

The Court of the Archbishop

The Prerogative Court of York covered Cheshire, Cumberland, Durham, Lancashire, Northumberland, Nottinghamshire, Westmorland and Yorkshire.

The Prerogative Court of Canterbury covered all the other English and Welsh Counties.

The Court of the Bishop

A Bishop's Court (also known as a Diocesan or Consistory Court) proved wills of those whose property was in more than one archdeaconry but all in the same diocese.

Peculiars

Peculiars were parishes situated in one archdeaconry or diocese but subject to the jurisdiction of another. They were under the direct control of a particular cleric.

After 1858

From 12th January 1858, all wills were proved in the Civil Courts. For the people of England and Wales this was the Principle Probate Registry in London or one of the District Probate Registries.