Where does the concept of leaving a Will come from?

Will Writing: A Brief History

The history of will writing in England is a fascinating journey that mirrors the evolution of its legal and social systems. Wills, as formal declarations of how a person's assets should be distributed after death, have been part of English society for centuries.

Early Beginnings

The concept of will writing in England dates back to the Anglo-Saxon period. During this time, wills were primarily oral declarations, with significant reliance on witnesses to ensure the testator's wishes were honoured. Written wills began to appear in the 7th century, mainly among the clergy and the nobility. These early documents were rudimentary but set the groundwork for more sophisticated legal practices.

Medieval Developments

By the medieval period, the practice of writing wills became more common. The Norman Conquest in 1066 introduced new legal customs, leading to the establishment of the feudal system. Under this system, land and property were primarily distributed according to feudal obligations rather than personal wishes. However, personal property could still be bequeathed through wills. The church played a crucial role in will writing and probate during this period, with ecclesiastical courts overseeing the administration of wills.

The Statute of Wills 1540

A significant milestone in the history of will writing was the Statute of Wills enacted in 1540 during the reign of Henry VIII. This statute allowed individuals greater freedom to dispose of their lands and property through a written will, marking a shift from the strict feudal inheritance rules. It laid the foundation for modern testamentary freedom, ensuring that personal wishes regarding property distribution were respected.

The Wills Act 1837

The next major development came with the Wills Act of 1837, which standardised the requirements for a valid will. The act stipulated that a will must be in writing, signed by the testator, and witnessed by at least two individuals. This legislation aimed to reduce fraud and ambiguities, providing clearer guidelines for the creation and execution of wills. The Wills Act of 1837 remains a cornerstone of English probate law, with amendments and updates ensuring its relevance in contemporary society.

Modern Developments

In modern times, the principles of will writing have evolved to accommodate changes in technology and social norms. The Law of Property (Miscellaneous Provisions) Act 1989 updated the witnessing requirements and formalities. Today, digital wills and electronic signatures are areas of growing interest and development, reflecting the ongoing adaptation of legal practices to technological advancements.

Overall, the evolution of will writing in England highlights a continuous adaptation to the changing legal, social, and technological landscape. From the early oral declarations of the Anglo-Saxon period to the sophisticated digital wills of today, the journey of will writing reflects an enduring commitment to ensuring individuals' wishes are respected after death. Each milestone, from the Statute of Wills 1540 to the Wills Act of 1837 and beyond, has contributed to a robust and flexible legal framework. This framework not only honours personal autonomy but also provides clear guidelines and protections, underscoring the importance of wills in the fabric of English legal tradition.

What to Do Next

Most people know that leaving a Will is something they should do, and should you wish to find out more about what a Will can do for you and your family, we're always on hand to expand or clarify anything you're unsure about. It's our purpose to make sure you're fully informed before making any decisions, and you don't even have to be a customer.

Click here to get in touch or call us using the number at the top of this page.

Our guarantee: we are part of the Best Foundation, a voluntarily regulated body for the Estate Planning industry. As a member of the foundation, we hold ourselves accountable to providing the best professional standards, and upholding ethical values for all our customers.