Did your ancestor live on Guernsey? Dive into these unique and important wills and probate records. They offer a fascinating glimpse into the island’s legal, social, and economic history. These documents provide crucial insights into inheritance practices, land ownership, and family connections. Whether you're tracing ancestral property, uncovering historical estates, or exploring changes in land distribution, these records will be invaluable to your research. Please note that the Ecclesiastical Court records are browse only and can be viewed in the Bailiwick of Guernsey Archives browse.
Did your ancestor live on Guernsey? Dive into these unique and important wills and probate records. They offer a fascinating glimpse into the island’s legal, social, and economic history. These documents provide crucial insights into inheritance practices, land ownership, and family connections. Whether you're tracing ancestral property, uncovering historical estates, or exploring changes in land distribution, these records will be invaluable to your research. Please note that the Ecclesiastical Court records are browse only and can be viewed in the Bailiwick of Guernsey Archives browse.
From these records, you will likely find information including -
We have transcribed
We have made available as a browse - Ecclesiastical Court Wills 1663-1704
Where available, we always recommend viewing the record as you will find more details that will help you build a picture of your ancestors.
Inheritance Laws in Guernsey – and Wills of Realty
Historically, the Norman law of succession limited the freedom of the deceased to decide the destination of his or her real estate. Succession was primarily patrilinear – through the male line. So sons were given preference over daughters, and where someone died without children, heirs through his male relatives were preferred over female lines.
Guernsey also applied the rule of primogeniture – the eldest son being recognised as the principal heir, although he was obliged to share some of the estate with his brothers. This system was designed to ensure that landed estates remained largely intact.
Estates were divided into meubles and immeubles (literally ‘moveables’ and ‘immovables’). Immeubles were primarily land and buildings, as well as rentes and hypothèques (essentially loans secured by land, akin to modern mortgates).
Under these circumstances, it was not possible to vary inheritance of property by will, so no wills of realty were left. Some families chose to register a Partage (deed of division), which recorded how the estate was to be shared amongst the heirs – but it was optional whether a copy of these documents was registered in the Greffe.
Wills of Personalty
Under Norman customary law, meubles (personalty) were treated differently to immeubles (realty).
Wills of Personalty are registered in the Ecclesiastical Court. The role of the Ecclesiastical Court in proving wills of personalty was abolished in England in 1857 but continues in Guernsey to this day.
The history of wills and property ownership records in Guernsey reflects the island’s legal evolution from feudal traditions to modern record-keeping. Through centuries of legal development, the Royal Court and associated institutions have ensured the careful documentation of land ownership and inheritance, preserving both individual property rights and historical continuity.
In 2009, following a complete overhaul of the inheritance laws in Guernsey, individuals had the freedom to leave their realty and personalty to whoever they wished. It is now possible to leave a will of personalty and a will of realty – or a will which combines both. However, wills of personalty are still registered in the Ecclesiastical Court and and wills of realty are registered in the Greffe.
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