Australia, Western Australia, Records of the Supreme Court - FamilySearch Historical Records

Australia Western Australia

What is in This Collection?
These records include rate books, probate, land, and divorce records from the Supreme Court of Western Australia. The original records are located in the J.S. Battye Library of Western Australian History, Perth, WA, Australia.

Probate records are court records that describe the distribution of an individual’s estate after he or she dies. Wills or other probate records were kept by each state in Australia, beginning in the 1800s. If the deceased had property in another country, the will may have been probated in the other country.

Land records are used to learn where and when an individual lived in a specific area. They often reveal other family information, such as the individual’s spouse, heirs, other relatives, or neighbors.

Taxation records for Australia consist of rate and assessment books. Rate and assessment books have been kept from the late 1850s through the present. They are arranged by districts or shires and alphabetically list names of the residents.

Divorce records before 1976 are usually found in the Supreme Court record or archival repository of the relevant State. After 1976 the Family Court of Australia is generally responsible for divorce records. Access to divorce records may be restricted.

Until 1832 there were no legal means of dealing with the estates of deceased persons in Western Australia. The estates of those who died in the colony between 1829 and 1831 were administered in Britain, were settled informally, or were vested in the newly established Civil Court of Western Australia and in 1861 the jurisdiction was transferred to the Supreme Court.

One of the most important laws which affected the administration of estates was the English Wills Act, of 1837, which was enacted in the colony in 1839. This Act, remained in place until 1970, and stipulated that all wills had to be made in writing and signed by the testator in the presence of two witnesses.

What Can These Records Tell Me?
The following information may be found in these records:

Probate
 * Death date
 * Names of heirs and guardians
 * Relationships
 * Residences
 * An inventory of the estate
 * Names of witnesses

Land
 * Name of ancestor
 * Name of spouse
 * Name of heirs and relatives
 * Last residence of deceased
 * Occupation

Taxation
 * Name of owner
 * Name of occupier
 * Residence of the occupier
 * Description of property
 * Value
 * Date of payment

Divorce
 * Name of spouse
 * Names of children
 * Marriage certificate
 * Disposition of assets
 * Correspondence

How Do I Search This Collection?
As you begin your search in the records, it is helpful to know the following:
 * Name of ancestor
 * Approximate age of your ancestor
 * Approximate year and place of event
 * Residence of your ancestor
 * Other family names

How Do I Analyze the Results?
Compare each result from your search with what you know to determine if there is a match. This may require viewing multiple records or images. Keep track of your research in a research log.

I Found the Person I Was Looking For, What Now?

 * Continue to search the index for family members
 * Titles may be clues to property ownership, occupations, rank, or status within the community.
 * Use the estimated age of your ancestor to calculate a birth date
 * Take note of others mentioned in the record to determine family relationships
 * Be sure and look for dates in the records that can lead you to other records, such as marriage or death records

I Can’t Find the Person I’m Looking For, What Now?

 * Remember that there may be more than one person in the records with the same name as your ancestor and that your ancestor may have used nicknames or different names at different times.
 * When looking for a person with a common name, look at all the entries for the name before deciding which individual is correct. Use other information, such as place of birth, age, occupation, or names of parents, to determine which candidate is the correct person. If listed, a personal title may be a clue to property ownership or occupation, either of which might be noted in other records.
 * Check for variants of given names, surnames, and place names; transcription errors could occur in any record. Also remember that it was not uncommon for an individual be listed under a nickname or an abbreviation of their name. See Abbreviations Found in Genealogy Records for examples of common abbreviations.

Research Helps
The following articles will help you in your research for your family in Australia.
 * Record Finder
 * Australia Research Tips and Strategies

Citing This Collection
Citations help you keep track of places you have searched and sources you have found. Identifying your sources helps others find the records you used.