Statute of Wills facts for kids
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| Long title | The Act of Wills, Wards, and Primer Seisins, whereby a Man may devise Two Parts of his Land. |
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| Citation | 32 Hen. 8. c. 1 |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 1540 |
| Commencement | 1540 |
| Repealed | 1 January 1838 |
| Other legislation | |
| Repealed by | Wills Act 1837, s.2 |
| Relates to | Statute of Uses |
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Status: Repealed
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The Statute of Wills (also called the Wills Act 1540) was an important law made by the Parliament of England in 1540. This law changed how people could pass on their land after they died. For the first time in English history after the Norman Conquest, landowners could decide who would get their land through a special document called a will.
Before this law, land usually went to the oldest son through a system called primogeniture. If a landowner died without any close living family, their land would go back to the King or Queen. This new law was a way for King Henry VIII to find a middle ground with landowners. Many landowners were unhappy with the old rules and the King's control over land.
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What the Statute of Wills Changed
This law made it possible for people to write down their wishes for their land. This was a big deal because it gave landowners more control. They could now choose who would inherit their property, instead of it automatically going to the oldest son or back to the Crown.
How Wills Worked Before 1540
Before the Statute of Wills, passing on land was very different.
- Primogeniture: This rule meant that the oldest son inherited all the land. Daughters or younger sons usually got nothing.
- Escheat: If a landowner died without any living relatives, their land would go back to the King. This was called escheat.
- People could not simply write a will to decide who got their land.
Why the New Law Was Needed
Landowners wanted more freedom. They wanted to decide who would get their land, not just follow old traditions. King Henry VIII also had his own reasons for agreeing to this law. It helped keep landowners happy and reduced some conflicts.
Rules for Making a Will
The Statute of Wills set out some important rules for how a will should be made. Many of these rules are still used today in countries that follow common law (laws based on old court decisions).
Key Requirements for Wills
- In Writing: The will had to be written down. It couldn't just be a spoken promise.
- Signed by the Testator: The person making the will (called the testator) had to sign it. This showed it was their true wish.
- Witnessed: At least two other people had to watch the testator sign the will. These people were called witnesses. They also had to sign the will.
Wills Today
Even now, in many places like the United States, these rules are still very similar. For example, the Uniform Probate Code in the U.S. still requires two witnesses. However, some special wills, called holographic wills, can be valid without witnesses if the main parts are written by the testator's own hand.
When the Law Changed Again
The Statute of Wills was a very important law for a long time. But eventually, new laws were made. In England and Wales, the Statute of Wills was replaced by the Wills Act 1837. This new act updated the rules for wills even further.
