Wills & Testaments

In order to understand the value of Wills and Testaments it is first necessary to understand the difference between them. A Will is a document drawn up by a person to provide instructions on how their property (estate) is to be disposed of after their death. A Testament is a document drawn up by the court confirming or appointing an Executor and authorising the disposal of the estate. A Testament could be drawn up even if an individual died without leaving a Will.

The National Archive of Scotland (NAS) has an index of over 611,000 Wills & Testament from the period 1513 - 1901. The index contains much useful information including name, occupation and place of residence, though curiously not the date of death. The genealogist can, of course, access a full colour image of the actual document to extract as much information as possible.

An index of over 600,000 Wills & Testaments sounds like a vast amount of information but in comparison to Scotland's population over almost 400 years it is a tiny fraction. There was no legal obligation on individuals to draw up a Will and very few people actually bothered to do so. Also, in the majority of cases when someone died intestate (without a Will) the family did not make application to the court for a Testament. Most cases were arranged between family members without the need for official intervention.

Many people assume that it was only the well to do that left a Will. This is not always the case. Many people of humble origins went to the time, trouble and expense of having a Will drawn up whilst many wealthy people never bothered. A search of the Wills & Testaments index is always worthwhile although it can often be a fruitless search.