Sunday 23 September 2012

Wills and Probate Records

Is your ancestor's will available via the internet?

Public Records Office of Victoria (PROV) has made public the Wills and Probate records from 1841 to 1925. The Wills reveal assets and names of beneficiaries.

Listed below are the Wills of people who were recorded as being residents of Mt/Mount Evelyn / Olinda Vale when they died.  All are available online.
Alexander Morrison,   Elizabeth Rogers,  Eric S. Kendall,   Mary Adams 
James Hamilton,   John Beasley,   William Andrews,   Daniel Scott, 
Wills of other people who once lived in Mt Evelyn may be listed under Lilydale or the town of their death.

You can read the digitised versions of Wills from the Victorian Public Records Office (PROV).
Can't find your ancestor's Will online?
  • Your ancestor who once lived at Mt Evelyn may have died elsewhere or his/her death was registered as being in Lilydale

  • Your ancestor may have died after 1925. This Will can be read at the PROV (Public Records Office Victoria) in North Melbourne.

  • Type your ancestor's name into a search engine for an online digitised newspaper. You  may find the following details - Death Notice, Funeral Details, Obituary, Notice of Probate  being issued to the  executor of the deceased's estate.
The Public Records Office of Victoria provides the following information:-
Terminology
A will is the legal instrument that permits a person, the testator or testatrix, to make decisions on how their estate will be managed and distributed after death. The will usually names one or more persons, the executor or executrix, to carry out the wishes and directions in relation to the estate.

A person who dies leaving a will is referred as having died testate. If a person does not leave a will, or the will is declared invalid, the person will have died ‘intestate’, resulting in the distribution of the estate according to the legislation of the state in which the person resided.

Probate is the process of proving to the court the validity of a will. The grant of probate is the official document issued to the executor of the estate to pay all debts, collect any monies due and to distribute any remaining assets in accordance with the wishes of the deceased as expressed in the will. 

Letters of administration are issued when a person dies without a valid will. This is the alternate grant to granting of probate.  The grant is normally made to next-of-kin and the estate is distributed on the basis of a formula laid down by legislation.