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Wills Act 1837 (1837 c 26)

The Wills Act 1837 established a unified set of rules for the creation and validity of wills in England and Wales. It provides essential statutory requirements, including the necessity for the testator's signature and the presence of two witnesses. The act aimed to reduce fraud and uncertainty by standardising the process of testamentary disposition. It also addresses issues such as revocation of wills, the interpretation of wills, and the impact of marriage and divorce on their validity. This foundational legislation has significantly contributed to the clarity and reliability in the administration of wills and estates.

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Wills Act 1837 (1837 c 26)

The Wills Act 1837 established a unified set of rules for the creation and validity of wills in England and Wales. It provides essential statutory requirements, including the necessity for the testator's signature and the presence of two witnesses. The act aimed to reduce fraud and uncertainty by standardising the process of testamentary disposition. It also addresses issues such as revocation of wills, the interpretation of wills, and the impact of marriage and divorce on their validity. This foundational legislation has significantly contributed to the clarity and reliability in the administration of wills and estates.

Quick and comprehensive access to the most accurate, up-to-date legislation.

��Ƶ traffic light system shows the status of legislation and cases so you are always using up-to-date law while historical versioning and legislative timelines lets you see exactly what has changed in legislation over time.

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Wills Act 1837 (1837 c 26)

1 Meaning of certain words in this Act: “Will”: “Real estate”: “Personal estate”: Number: Gender

2 . . .

3 All property may be disposed of by will; Contingent Interests; Rights of Entry; and property acquired after the execution of the will

4 . . .

5 . . .

6 . . .

7 No will of a person under age valid

8 . . .

[9 Signing and attestation of wills]

10 Appointments by will to be executed like other wills, and to be valid, although other required solemnities are not observed

11 Soldiers and mariners wills excepted

12 . . .

13 Publication of will not requisite

14 Will not to be void on account of incompetency of attesting witness

15 Gifts to an attesting witness to be void

16 Creditor attesting to be admitted a witness

17 Executor shall be admitted a witness

[18 Will to be revoked by marriage]

[18A Effect of dissolution or annulment of marriage on wills]

[18B Will to be revoked by civil partnership]

[18C Effect of dissolution or annulment of civil partnership on wills]

[18D Effect on subsisting will of conversion of civil partnership into marriage]

[18E Effect on subsisting will of conversion of marriage into civil partnership]

19 No will to be revoked by presumption

20 No will to be revoked but by another will or codicil, or by a writing executed like a will, or by destruction

21 No alteration in a will shall have any effect unless executed as a will

22 No will revoked to be revived otherwise than by Re-execution or a Codicil to revive it

23 A devise not to be rendered inoperative by any subsequent conveyance or act

24 A will shall be construed to speak from the death of the testator

25 Residuary devise shall include estates comprised in lapsed and void devises

26 A general devise of the testator's lands shall include copyhold and leasehold as well as freehold lands

27 A general gift shall include estates over which the testator has a general power of appointment

28 A devise without any words of limitation shall be construed to pass as free

29 The words “die without issue,” or “die without leaving issue,” shall be construed as to mean die without issue living at the death

30 No devise to trustees or executors, except for a term or a presentation to a church, shall pass a chattel interest

31 Trustees under an unlimited devise, where the trust may endure beyond the life of a person beneficially entitled for life, shall take the fee

32 Devises of estates tail shall not lapse

[33 Gifts to children or other issue who leave issue living at the testator's death shall not lapse]

[33A Disclaimer or forfeiture of gift]

34 Act not to extend to wills made before 1838, nor to estates pur autre vie of persons who die before 1838

35 Act not to extend to Scotland

36 . . .

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