Statute of Wills

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The Statute of Wills (enacted in 1540) was an Act of the Parliament of England (32 Hen. 8, c. 1). It made it possible, for the first time in English history, for landholders to determine who would inherit their land upon death, by permitting bequest by will. Prior to the enactment of this statute, land could only be passed by descent (if and when the landholder had competent living relatives who survived him) and 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 still survive in common law jurisdictions to this day. 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 persons.

In England and Wales, the Statute of Wills was superseded by the Wills Act 1837.

See also

• Will (law)
• Intestacy
• Statute of Uses

References

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

External links

• Thomson-Gale legal encyclopedia entry, courtesy of Jrank

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Last updated on Tuesday February 19, 2008 at 20:34:19 PST (GMT -0800)
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