In many ways, the post-1858 Will differs little from its earlier relative (which we read
about in;-
where we saw such words as "Will and Testament"; "Testator"; "Witnesses";
"Executor(s)"; "Executrix(es)"; "Administration" (also known as "Admon"), and
"Probate", and examined what such words meant within the context of what today we
call a "Will".
To save you having to look at what is written for the pre-1858 period, I will repeat several
of the main points below, and then point you in the direction for finding where such
records can be found and accessed 'today'.
So, exactly what is "Probate", and where can these Probate "records" be found?
In order to answer the above, we must first look at certain words, some of which will be
familiar, and some of which might not.
The main words we need to look at, are "Will and Testament"; "Testator"; "Witnesses";
"Executor(s)"; "Executrix(es)"; "Administration" (also known as "Admon"), and
"Probate".
A person who writes, within the form of a document, what is to happen with his/her
body after s/he dies, and also what is to happen with his/her possessions and money
etc, is called a "Testator", whilst the document which sets out his/her wishes, is called
a "Will and Testament" (sometimes referred to just as a "Will")
Having written the "Will", the "Testator", having set out what is to happen with his/her
body, and his/her property, has to sign the document in the presence of at least two
"Witnesses", to state and confirm that it is his/her "Last" (or Final) "Will and Testament",
and in turn, the "Witnesses" have to sign the said "Will" confirming that;
a) the "Testator" has signed the "Will", and that
b) they were present at the signing
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Prior to 11 January 1858, proof that a Will and its contents had either been written by,
or signed by, the person whose name appeared at the bottom of the document, was
determined within specific Ecclesiastical Courts, dependant upon where the Deceased
person had lived.
'Ecclesiatical Courts' can be a minefield to determine not so much where the deceased
actually lived, but where the Will was "proved" (i.e. where "Probate" was granted)
making when Probate of all English Wills fell under the jursidiction of the Probate Division of the High Court(i.e. "approval by a competent court that an instrument purporting to be the Testament of a deceased person was indeed his lawful act
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