Recently, I had a reader write to me to ask about whether a man could amend a will during the Regency period, and, if so, what all was involved. The implication was the will was amended to subvert another from receiving his proper inheritance in a story the person read. She wanted to know whether someone would have taken note of the changes and whether this was a plot device acceptable for the time period.
In truth, part of the plot of my latest Austen-inspired book, Leave Her Wild, deals with whether George Darcy’s cousin, one Samuel Darcy, has any remaining interest is the Pemberley estate. I often keep the same relationships in all my tales: Mr. Sheffield has been Darcy’s valet since having come to the Darcy household as a young Darcy’s tutor; Mr. Thacker is the butler at Darcy House in London; Mr. Nathan is the butler at Pemberley; Mr. Farrin is Darcy’s coachman, Samuel Darcy is George Darcy’s cousin and a famous archeologist, etc., etc., etc. To this tale, I have added Samuel’s son by the man’s second marriage placing a claim on Pemberley land; therefore, it is necessary for Darcy to marry quickly to produce an heir.
My answer to the question in the first paragraph may shock some of you: Someone would need to come forward to protest a will for any notice to be taken. As long as it and any codicils are in proper form, the probate court would likely approve it for execution. Unless a will is contested, the probate court only looks at the form. Some one has to come forward and say that there is something wrong with the execution and even then one doesn’t always win.
That being said, any will could be contested or disputed, and might well be overturned if the will is drawn up under suspicious circumstance without witnesses who can be called to the court to testify the contents within are what the will maker wanted and he was of sound mind at the time. The mere fact that a man was always changing his will would not draw question to its validity at the time of its execution. However, the question of whether the man died before he made another change may be required before the will could be called “valid.”
The National Archives site is an excellent source for information on wills, inheritance, etc. You may find it at this link:
Wills were proved by a number of courts. The only probate court records held by The National Archives are those of the Prerogative Court of Canterbury up to 1858.
The Prerogative Court of Canterbury (PCC), which actually sat in London, was the senior church court, and dealt:
- with the wills of relatively wealthy people living in the south of England and Wales
- with the estates of people who died at sea or abroad leaving personal property in England or Wales
From 1653 to 1660, the PCC was the only court to deal with wills and administrations.
To locate records of wills or administration, first establish where they were proved. The National Archives Guide on Wills or administrations before 1858 can help a person determine which court proved a will or administration.
Disputes regarding wills and the settlement of estates could arise over the:
- validity of a will
- claims of people seeking letters of administration
- disputes about the terms of a will
A single will may have led to lawsuits both in Chancery and the Prerogative Court of Canterbury. If there was litigation, additional records will have been created, such as:
- the depositions of witnesses
- pleadings
- exhibits
Up to 1782 every executor or administrator was required to send the registry of the court an inventory of the deceased’s goods.
The inventory itemized the estate held by the deceased, including:
- leases
- chattels
- debts owed and owing
- cash
- crops
- stocks
- slaves
Real estate (land) was not normally included in estimates and totals.
Only about 800 pre-1660 inventories have survived.
For the period 1660-1782, search The National Archives catalogue by name of deceased for records of inventories in:
For the period 1722-1858, they are mostly in PROB 31.
Other records that can indicate the value of a person’s estate are:
- the bonds in PROB 46 (1713-1858) were entered into by administrators and some executors of estates. In the 16th and 17th centuries the bonds give a rough idea of the value of the estate. In the 18th and 19th centuries bonds are an unreliable measure of the valuation of an estate, although they are thought to be roughly double the value
- probate and administration act books in PROB 8 and PROB 9 (from 1796)
- warrants – estimates of servicemen’s estates and those under £40, £20 and £5, respectively, are noted on some of the 17th century warrants and most of the 18th and 19th century warrants in PROB 14
- register books in PROB 12 for records of pauper estates
- orders for the distribution of some intestates’ goods in PROB 16
- orders of court books, 1816-1857 in PROB 38 contain orders for the revaluation of some 19th century estates
- death duty registers which can give the value of estates. Read the National Archives guide on Death duties 1796-1903 for information
Other Sources:
The Contents of Eighteenth Century Wills
Singular Wills of the Regency Period
Strange and Curious Wills of the Georgian Era
Where There’s a Will There’s a Way
Book Blurb and Purchase Links:
Leave Her Wild: A Pride and Prejudice Vagary
A Mandate from His Uncle
The only reason Fitzwilliam Darcy has come to London for the Short Season is to save his beloved Pemberley. He requires a bride fast. Unfortunately, only a man’s of Darcy’s prideful nature would laggardly think one female is the same as another. Quickly, he realizes he is in love with his betrothed’s hazel-eyed and highly-opinionated sister, and he has proposed to the wrong sister, but propriety demands he must not abandon Miss Jane Bennet.
Sitting on the Shelf
After Lydia’s elopement with Mr. Wickham and the family’s ruin, Elizabeth Bennet understands the need for her sister Jane to marry well, but why must Jane bring home the one man Elizabeth both despises and loves? Elizabeth’s one ball…one dance…had been ruined by the man her sister means to marry. Unfortunately for Elizabeth, Mr. Darcy’s opinion remains the marker by which she looks upon all others. Can she deny the tender feelings she carries for the gentleman and silence her traitorous heart?
Note: The title comes from a quote from the poet Atticus on Instagram.
Kindle – https://www.amazon.com/dp/B0DQL8CJ2R
Comment below for a chance to win one of FIVE eBook copies available for the giveaway of Leave Her Wild. Winners will be chosen on Saturday, February 8, with the books delivered on February 10, 2025, when the tale goes live on Amazon and Kindle Unlimited. Regina will contact the winners by email. Good Luck!
Every Woman Dreams... 
Lady, you sure know how to research a project! So impressive! I must say that I would hate to attempt to read some of those documents. The writing, although beautiful and elegant, is difficult to read. It makes me wonder if Mr. Darcy’s writing style would have even so hard to read. And if so, imagine Mr.Bingley’s.
I am pretty good at reading the document. I credit 40 years of grading English papers for my students. LOL!
I had a blast reading the historical tidbit that you shared in your blog, Regina. I would love to find out how the Darcy family’s will necessitate him to hastily propose to Jane instead of Elizabeth
Sylvia, it is a complicated twist, as all good plot bunnies prove to be.