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Record revealed

Jane Austen’s will

This small document shows, in her own handwriting, how novelist Jane Austen planned to share her possessions with family and friends after her death.

beige handwritten document

Why this record matters

Date
27 April 1817
Catalogue reference
PROB 1/78

The author Jane Austen (1775–1817) became ill for the last time at the age of just 41, after facing poor health throughout her life. Aware that she might not recover due to the severity of this illness, she wrote her will on 27 April 1817. She died less than three months later on 18 July 1817.

The will was folded, and, on the back, Jane wrote ‘My Will. To Miss Austen’, presumably leaving it with her other papers to be found by her sister after her death.

Jane is known to have written her novels on small tables or desks using small pieces of paper. Her will shares this characteristic and was written on a piece of paper smaller than most wills at just 17.8 by 22.2 centimetres in size. Also, like her other writings, she was precise, needing just 90 words in two sentences to complete her will. Additionally, Jane used various standard legal terms showing she was familiar with the formulaic style of wills.

Despite having a wide range of relatives and friends who might expect to benefit from her will, Jane only names three of them. To her recently bankrupt brother, Henry Austen, she left £50 and to his housekeeper, Madame Bigeon, another £50.

The rest of her personal possessions and money were left to her beloved sister, Cassandra. She also hints at the future financial value of her novels, writing that her sister will also receive ‘every thing… hereafter due to me’.

Death duty accounts record taxes paid on a person’s possessions and money after they have died. Jane’s death duty accounts (catalogue reference: IR 26/698 (f 768)) record that her estate was worth £661 and 2 shillings when she died, after debts, probate and funeral expenses were paid.

Cassandra was to receive a further £515, 17 shillings and 7 pence when Northanger Abbey and Persuasion were published. These were released a year after Jane's death in 1818.

Jane’s will was unwitnessed, meaning no one signed the document to confirm that they had watched her sign it herself. This did not invalidate her will as a lack of witnesses was not required for wills that only left personal possessions and money until the Wills Act of 1837. It did, however, mean that its authenticity needed to be confirmed.

Due to this, family friends, John Grove Palmer and Harriet Ebel Palmer, gave evidence before the Prerogative Court of Canterbury. They confirmed that the will matched Jane’s handwriting and signature, which they were familiar with and could identify confidently.

The will was proved (confirmed to be legally valid) at the Court in London on 10 September 1817. This gave Cassandra the power to carry out Jane’s final wishes.