Statute of Wills

Statute of Wills

Act of Parliament
Parliament of England
Long title	The Act of Wills, Wards, and Primer Seisins, whereby a Man may devise Two Parts of his Land.
Citation	32 Hen. 8. c. 1
Territorial extent	England and Wales
Dates
Royal assent	24 July 1540
Commencement	12 April 1540
Repealed	1 January 1838
Other legislation
Amended by	Wills Act 1542
Repealed by	Wills Act 1837
Relates to	Statute of Uses
Status: Repealed

The Statute of Wills or Wills Act 1540 (32 Hen. 8. c. 1) was an Act of the Parliament of England. It made it possible, for the first time in post-Conquest English history, for landholders to determine who would inherit their land upon their death by permitting devise 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 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, as of 2023^[update], 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. The Uniform Probate Code in the United States carries forward the two witness requirement of the Statute of Wills, at Section 2-502,^[1] except that a document is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.^[2] In England and Wales, the Statute of Wills was repealed and superseded by the Wills Act 1837.

Notes

Sources

• Dukeminier, Jesse and Krier, James E. Property, Fifth Edition, pp. 284, 637. Aspen Publishers, 2002. ISBN 0-7355-2437-8

• Statute of Uses
• Cestui que
• Legal history of wills

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