Genealogy and Wills

Wills in genealogy are a great resource in discovering more about your family roots.

I am sure many of you have your wills done but if you don’t I would highly recommend that you do.

Researching your family tree is an ongoing saga for your personal journey and there may be a time where you will come across one for one of your ancestors. Coming across one of your 3^rd or 4th great grandfather or grandmother’s ‘last will and testament‘ may lead you with more discoveries.

It is my aim today to provide you with a little history about ‘wills’ and if you are a Canadian researching ancestors from the UK there will be some tips and strategies for you to add to your arsenal of genealogy tools you will be able implement. These tips and strategies can be used by anyone.

While vital records, census data, and historical documents play crucial roles in genealogy, one often-overlooked but immensely valuable resource is the ‘last will and testament‘. Wills provide a unique window into the lives of our ancestors, offering insights into their relationships, possessions, and the values they held dear. In this article, we will explore the significance of wills in genealogy and how they contribute to a more comprehensive understanding of our familial roots.

The concept of a last will and testament has ancient roots, and it’s challenging to pinpoint a specific individual or culture responsible for its implementation. Wills, in various forms, have been a part of human societies for centuries. The practice of leaving instructions for the distribution of one’s property and assets upon death has been observed in different civilizations throughout history.

One of the earliest recorded instances of a written will comes from ancient Egypt. The famous Egyptian will, known as the “Will of Naunakhte” dates back to around 1200 BCE. Naunakhte, a woman of some wealth, detailed in her will how she wanted her property and possessions to be distributed among her heirs.

Similarly, the ancient Greeks and Romans had practices that resembled testamentary arrangements. In Rome, for example, the “Testamentum” became a formalized part of Roman law, allowing individuals to specify the distribution of their property after death.

The implementation and recognition of wills evolved over time and varied across cultures and legal systems. As societies developed more complex legal structures, the formalization of wills became a standard practice. While it’s challenging to attribute the invention of the will to a specific individual, ancient civilizations laid the groundwork for the legal concept and practice of bequeathing one’s possessions upon death.

History of The Will

The history of the will is a fascinating journey that spans centuries and diverse cultures. The concept of individuals expressing their wishes regarding the distribution of their property after death has ancient roots and has evolved significantly over time.

1. Ancient Civilizations:
   • Mesopotamia: The Code of Ur-Nammu, one of the earliest known legal codes dating back to around 2100–2050 BCE in ancient Mesopotamia, contains provisions for inheritance, although not in the form of a modern will.
   • Ancient Egypt: The aforementioned “Will of Naunakhte” is an ancient Egyptian document that dates back to around 1200 BCE, providing a glimpse into the testamentary practices of that time.
2. Greek and Roman Influence:
   • Greece: While the Greeks did not have a formalized system of wills, the concept of expressing posthumous wishes existed in the form of verbal testaments. These were often accompanied by witnesses.
   • Rome: The Romans significantly contributed to the development of the will as a legal document. The “Testamentum” allowed Romans to specify the distribution of their property, and it became a formalized part of Roman law.
3. Medieval Europe:
   • Early Christian Era: With the spread of Christianity in medieval Europe, wills became more formalized. Ecclesiastical authorities played a role in overseeing the execution of wills.
   • Feudal System: Wills were essential in the feudal system, where land passed down through generations was crucial. In this period, the church often had a say in testamentary matters.
4. English Common Law:
   • 12th Century: In medieval England, the concept of a last will and testament continued to evolve. Landowners sought ways to ensure the orderly transfer of their estates, leading to the development of early forms of wills.
   • 16th Century: The Statute of Wills in 1540 under King Henry VIII established more formal requirements for wills in England, including the need for written documentation.
5. Colonial America:
   • 17th Century: Early American colonists brought with them English legal traditions, and the practice of creating wills became an integral part of colonial life. Wills were essential in the distribution of property and maintaining family legacies.
6. Modern Legal Systems:
   • 19th Century: The legal formalities surrounding wills continued to evolve, with the emphasis on written documentation and the requirement for witnesses becoming more standardized.
   • 20th Century: Legal systems worldwide refined and codified the laws governing wills. Different jurisdictions established rules to ensure the validity of wills and protect the interests of all parties involved.
7. Contemporary Practices:
   • Digital Age: In the 21st century, technological advancements have prompted discussions about the validity and creation of digital wills. Some jurisdictions are adapting their legal frameworks to accommodate the changing ways people manage their assets.

The history of the will is a testament to the enduring human need to formalize the transfer of property and express posthumous wishes. From ancient civilizations to the complexities of modern legal systems, the evolution of the will reflects the cultural, legal, and social dynamics of the times in which it has existed.

Understanding the Basics

A will is a legal document that outlines an individual’s wishes regarding the distribution of their assets and the care of their dependents after death. While the primary purpose of a will is to ensure a smooth transition of wealth, it inadvertently becomes a treasure trove of information for genealogists. Wills typically contain details about family relationships, providing a rich narrative that goes beyond birth and death dates.

Family Dynamics Revealed

One of the most valuable aspects of wills in genealogy is the insight they provide into family dynamics. These documents often name spouses, children, and sometimes even extended family members. The distribution of assets among heirs can shed light on the perceived importance of each family member, potentially hinting at strained relationships or estrangements.

Discovering Hidden Ancestors

Wills can also unveil the existence of previously unknown family members. Illegitimate children, estranged siblings, or distant relatives may be mentioned in a will, offering a surprising twist in the genealogical journey. These revelations can lead to new branches on the family tree and a more complete picture of one’s ancestry.

Mapping Family Wealth and Lifestyle

Beyond relationships, wills provide a snapshot of an individual’s economic status and lifestyle. The inventory of assets and debts can reveal occupations, social standing, and even personal interests. For example, specific bequests such as jewelry, books, or family heirlooms can offer clues about the individual’s passions and hobbies.

Legal and Cultural Context

Wills are not only valuable for their genealogical content but also for the legal and cultural context they provide. The language and format of a will can offer insights into the legal conventions of the time, while cultural norms may influence the distribution of assets. Studying wills within their historical context enhances the understanding of societal structures and familial expectations.

Preserving Family Stories

While birth and death records provide essential dates, wills contribute to the human aspect of genealogy by preserving family stories. The sentiments expressed, the individuals remembered, and the wishes conveyed in a will create a narrative that transcends the dry facts of birth and death. It allows genealogists to connect with their ancestors on a personal level.

These legal documents go beyond mere transfers of wealth; they encapsulate the essence of familial relationships, cultural nuances, and individual legacies. As genealogists, unlocking the secrets embedded in wills is not only a means of constructing an accurate family tree but also a way of preserving and celebrating our collective heritage.

Where to Find Documents About Wills

1. Government Websites:
   • Check the official government websites of the country or state where the will was likely created. They often provide access to public records, including wills and probate documents.
2. Probate Courts:
   • Local probate courts are repositories for wills and related documents. You can contact or visit the probate court in the relevant jurisdiction to inquire about accessing wills.
3. Genealogy Websites:
   • Genealogy websites like Ancestry.com and FamilySearch.org often have databases containing wills and probate records. These platforms may require a subscription or offer limited free access.
4. Archives and Libraries:
   • Historical archives, state libraries, and local libraries may have collections of wills and probate records. Many of these institutions are now digitizing their collections for online access.
5. Online Databases:
   • Websites specializing in legal documents, such as PublicRecordsNow.com or LegalZoom, may offer access to wills and related records. Be cautious and verify the credibility of such platforms.
6. Subscription-based Legal Research Platforms:
   • Legal research platforms like Westlaw or LexisNexis provide access to a wide range of legal documents, including wills. These services often require a subscription.
7. Family History Centers:
   • The Family History Library, operated by the Church of Jesus Christ of Latter-day Saints, has an extensive collection of genealogical records, including wills. Some records may be accessible online or at local Family History Centers.
8. Archival Repositories:
   • National and state archives often house historical documents, including wills. Explore the archival holdings and search for online access options.

Remember to consider the jurisdiction and time period relevant to your search, as the availability of wills can vary. Always verify the reliability and authenticity of the sources you consult, especially when accessing documents online.

Wills – Canada

For genealogy research involving wills in Canada, there are several resources you can explore:

1. Library and Archives Canada (LAC):
   • LAC is a valuable resource for historical documents. Their website provides access to various databases and collections, including wills and probate records. Visit their website or contact them for more information.
2. Provincial Archives and Libraries:
   • Each Canadian province may have its own archives or library system that preserves historical documents, including wills. Check the official website of the provincial archives or library in the region you are researching.
3. Probate Courts and Registries:
   • Wills are often filed in probate courts or registries. Contact the probate court or registry in the specific province or territory where your ancestors lived or passed away. They may have information on how to access wills and probate records.
4. Ancestry and FamilySearch:
   • Online genealogy platforms like Ancestry.com and FamilySearch.org may have Canadian wills and probate records. Both platforms offer access to a wide range of genealogical documents, but note that some content may require a subscription.
5. Canadiana Héritage:
   • Canadiana Héritage is a digital initiative providing access to a vast collection of historical documents. While it may not focus specifically on wills, it could include relevant records for your genealogy research.
6. Local Historical Societies:
   • Local historical societies in the area where your ancestors lived may have information on wills and probate records. They can guide you to relevant resources or provide assistance in your research.
7. Family History Centers:
   • Family History Centers operated by the Church of Jesus Christ of Latter-day Saints may have Canadian genealogical records, including wills. Check their resources online or visit a local Family History Center.
8. Public Libraries:
   • Public libraries, especially those with genealogy or local history sections, can be excellent sources for accessing wills and probate records. Librarians may assist you in locating relevant materials.

Wills – UK

For genealogy research involving wills in the UK, there are several key resources you can explore:

1. The National Archives (TNA):
   • The National Archives in the UK holds a vast collection of historical documents, including wills. The Probate Service provides access to wills from 1858 onwards. You can search and order copies of wills online through their website.
2. Probate Registries:
   • The Probate Service in England and Wales manages probate records. You can contact the local probate registry associated with the area where the person lived or died to inquire about wills and probate records.
3. Scotland’s People:
   • If your research involves Scottish ancestry, Scotland’s People is the official government source for genealogical data. Wills and testaments for Scotland are available on this website.
4. Public Record Offices and Archives:
   • Many regions and counties in the UK have local archives or record offices that preserve historical documents, including wills. Check the official websites or contact these institutions for information on accessing wills.
5. Ancestry and Findmypast:
   • Online genealogy platforms like Ancestry.co.uk and Findmypast.co.uk provide access to a wide range of genealogical records, including wills and probate records. Some content may require a subscription.
6. FamilySearch:
   • FamilySearch.org, operated by the Church of Jesus Christ of Latter-day Saints, has a growing collection of UK probate records. It’s a valuable resource for genealogists, and access is free.
7. Local Libraries and Archives:
   • Local libraries and archives, especially those with a focus on local history or genealogy, may have collections of wills and probate records. Librarians can guide you on accessing relevant materials.
8. Court Archives:
   • Some older wills may be stored in court archives. If you know the specific court where the will was probated, you can inquire about accessing records from that court.

When conducting genealogy research in the UK, be sure to check multiple sources, as wills may be held at different levels of government or in various archives. Consider the time period and jurisdiction relevant to your research, and always verify the authenticity of the sources you consult.

In tracing the footsteps of our ancestors through the intricate web of genealogy, the importance of wills as invaluable artifacts cannot be overstated. As we conclude our exploration into the significance of wills in genealogy, it becomes clear that these legal documents are not mere lists of assets and beneficiaries. Instead, they are windows into the lives, relationships, and values of those who came before us.

Wills provide a unique narrative that extends beyond birth and death dates, offering a glimpse into the complexities of family dynamics. From hidden ancestors to the distribution of wealth, these documents unveil stories that might otherwise have been lost to time. The meticulous details of bequests, the chosen heirs, and the sentimental value placed on specific possessions all contribute to a richer understanding of our familial roots.

As genealogists, we are not just piecing together names and dates; we are weaving a tapestry of human experiences. Wills, with their legal and cultural context, become threads that connect us to the societal norms and familial expectations of bygone eras. Through this exploration, we not only construct a more accurate family tree but also honor and preserve the legacies of those who came before us.

In the digital age, the accessibility of wills has expanded, offering us unprecedented opportunities to delve into the lives of our ancestors. From the hallowed halls of national archives to the convenience of online platforms, the tools for genealogical discovery are at our fingertips.

In conclusion, the importance of wills in genealogy lies not just in the practicalities of asset distribution but in the stories they tell, the mysteries they unravel, and the connections they forge across generations. As we continue to unlock the secrets embedded in these legal documents, we not only celebrate our familial heritage but also contribute to the preservation of a collective human history—one will at a time.