The Institute of Heraldic and Genealogical Studies

The School of Family History

Why are there few wills of married women?

Tuesday 14th January 2025

Finding the will of an ancestor when researching family history can be a real 'eureka' moment. Details of occupations, property ownership, family connections and more mundane (but just as interesting to genealogists!) things such as the names of cattle or how many beds were owned by a family, can be found.

But why is it unlikely that the will of a married woman would be found?


Before the Married Women's Property Acts of 1870 and 1882, all property and financial assets owned by a woman became legally her husband's on marriage. So leaving a will was not really required - property legally belonged to her husband to administer, and so it was he who needed to a leave a will instead.

What about widows and single women?


Widows and unmarried women were not restricted in this way however, and this is why when undertaking genealogical research it is more likely to find the will of a widowed ancestor, or an unmarried female family member rather than a married woman.

What happened after 1870 and 1882?


Whilst complete female equally was not achieved by these acts, they did allow women to buy, sell, and retain the rights to, and profits of, property separately to their husbands. This also applied to other financial aspects, such as earnings and inheritance, which previously would also have legally have belonged to her husband.

Want to find out More?


If you are interested in research your female ancestors further, contact us today for a free quotation.

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