Wills and probate terms

Glossary of Wills and Probate Terms

Wills and probate terms go back to the 1300s. It is understandable, therefore, that many of these terms seem archaic. Here is a list of some of the terms you may encounter during your search for wills and other probate documents.

General terms
Bequest	Personal property or other financial assets left in the will for the benefit of an individual or organisation. Today, it can often refer to any property. Historically, however, it did not include 'real' property such as the family home.
Bona Notabilia	Strict meaning: 'Notable goods'. These were goods worth noting (or accounting for). For probate purposes, bona notabilia was fixed at £5 (or £10 in London). Neither the prerogative courts nor the bishop's courts would deal with estates below this amount. Where there was no will, estates worth more than this amount had to be disposed of by letters of administration.
Calendar (alt spelling: Kalendar)	A type of contemporary index, issued annually, in which the surnames of the deceased were alphabetically sorted by the first letter only.
Index	A summary of probate records. Personal details of each person listed include: name, place, date and, often, occupation or marital status.
Intestate/intestacy	When a person dies without leaving a valid will, he/she has died 'intestate' and the laws of 'intestacy' will be applied.
Probate	This describes the whole judicial process of administering a deceased's estate. If there is a will, it includes the 'proving' of the will and the disposal of the deceased's property. If there is no valid will, it involves the probate court issuing 'letters of administration'.
Proved	During Probate, a will has to be 'proved'. This means that, following an application by the Executor(s) to the Will, the Probate Court has confirmed that the will is legally valid. If there is more than one will, the later will is the valid will.
People
Administrator (M) or Administratrix (F)	Person who has applied for and been issued with letters of administration.
Beneficiary	A person who benefits from the will.
Executor (M) or Executrix (F)	A person (or persons) named in the will to execute the terms of the will.
Testator (M) or Testatrix (F).	A person who has left a will.
Probate documents
Codicil	An addendum to the will.
Curation (bond)	Similar to a tuition bond but involving the guardianship of minors under 21 years but over 14 years (or 12 years for girls).
Grant of Probate	This is a legal document issued by the Probate Court to the executor once the will has been 'proved'. It grants the executor the right to administer the estate i.e. distribute the assets. Only the executor(s) named in the will can apply for, and be granted, probate.
Holograph will	A will that was written wholly in the testator's own handwriting.
Inventory	This provides a list of the deceased's personal (moveable) property including goods and chattels, crops, shares, cash etc. It also included debts. It did not include 'real' estate such as land. Until 1782, it was compulsory for an executor or administrator to submit an inventory to the probate court.
Letters of Administration (aka 'Admons' or 'Grant of Administration')	Legal documents which provides the legal authority to administer the estate of a person who has died intestate (i.e. without leaving a will). They are issued by the Probate Court to a relative (usually a next of kin). These 'admons' need to be physically applied for and if more than one person makes an application, the court may have to intervene.
Letters of Administration with Will Annexed	These are similar to letters of administration but are are issued when there is a will but the executor either died before the testator, refused to act, is unable to act, or is unnamed. In such circumstances, the will is annexed to the letters of administration.
Nuncupative will	A verbal (unwritten) will, usually associated with the dying wishes of someone mortally wounded. Subject to certain restrictions, it was valid up until 1837, provided there were witnesses and no written will existed. It was ruled invalid by the Wills Act of 1837 which stating that a valid will must be in writing.
Probate Accounts	This was the final stage of probate prior to the estate being wound up. The executor or administrator accounted for receipts and payments of all assets and expenses, and recorded a final balance.
Probate Act Book	This was a court record of the grant of probate. Details recorded include: the date of probate, the testator's name and parish, the executor(s)'s name and relationship to the testator, and the value of the estate.
Tuition (bond)	This was a guarantee on the part of a nominated guardian to ensure children under 14 years (or 12 years for girls) were properly cared for and educated.
Will (or Will and Testament)	A will is a legal document in which the Testator gives directions on the disposal of his/her estate after death. Historically, there was a distinction between a 'will' and a 'testament': A will dealt with the disposal of 'real' property such as land or buildings. A Testament dealt with the disposal of 'personal' (i.e. movable) property after death. Personal property included goods and chattels. From 1540, a 'will and testament' formed one document. Over time, the words 'will' and 'testament' meant the same thing.