Statute of Wills
Encyclopedia
The Statute of Wills was an Act
of the Parliament of England
. It made it possible, for the first time in English history
, for landholders to determine who would inherit their land upon their death by permitting bequest
by will
. Prior to the enactment of this statute, land could be passed by descent only if and when the landholder had competent living relatives who survived him, and it was subject to the harsh rules of primogeniture
. When a landholder died without any living relatives, his land would escheat
to the Crown
. The statute was something of a political compromise between Henry VIII
and English landowners, who were growing increasingly frustrated with primogeniture and royal control of land.
The Statute of Wills created a number of requirements for the form of a will, many of which, , survive in common law
jurisdictions. Specifically, most jurisdictions still require that a will must be in writing, signed by the testator
, the person making the will, and witnessed by at least two other persons.
In England and Wales
, the Statute of Wills was repealed and superseded by the Wills Act 1837
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
. It made it possible, for the first time in English history
History of England
The history of England concerns the study of the human past in one of Europe's oldest and most influential national territories. What is now England, a country within the United Kingdom, was inhabited by Neanderthals 230,000 years ago. Continuous human habitation dates to around 12,000 years ago,...
, for landholders to determine who would inherit their land upon their death by permitting bequest
Bequest
A bequest is the act of giving property by will. Strictly, "bequest" is used of personal property, and "devise" of real property. In legal terminology, "bequeath" is a verb form meaning "to make a bequest."...
by will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
. Prior to the enactment of this statute, land could be passed by descent only if and when the landholder had competent living relatives who survived him, and it was subject to the harsh rules of primogeniture
Primogeniture
Primogeniture is the right, by law or custom, of the firstborn to inherit the entire estate, to the exclusion of younger siblings . Historically, the term implied male primogeniture, to the exclusion of females...
. When a landholder died without any living relatives, his land would escheat
Escheat
Escheat is a common law doctrine which transfers the property of a person who dies without heirs to the crown or state. It serves to ensure that property is not left in limbo without recognised ownership...
to the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
. The statute was something of a political compromise between Henry VIII
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
and English landowners, who were growing increasingly frustrated with primogeniture and royal control of land.
The Statute of Wills created a number of requirements for the form of a will, many of which, , survive in common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdictions. Specifically, most jurisdictions still require that a will must be in writing, signed by the testator
Testator
A testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death. It is any "person who makes a will."-Related terms:...
, the person making the will, and witnessed by at least two other persons.
In England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, the Statute of Wills was repealed and superseded by the Wills Act 1837
Wills Act 1837
The Wills Act 1837 is an Act of the Parliament of the United Kingdom that confirms the power of every adult to dispose of their real and personal property, whether they are the outright owner or a beneficiary under a trust, by will on their death...
.