subject: A Brief History Of Wills [print this page] The will, sometimes known as a testament, is a legal document where a person nominates someone to manage their estate and property and to dispose of it as instructed upon death. Wills in history go back as far as the ancient Greeks. They are also mentioned in the Bible, as early as the opening book of Genesis, where Jacob left an inheritance to his son Joseph.
The early Roman's concept of a will was quite different from that known nowadays. Then the testament was actually effective before the death of the person who made it.
Also, whereas modern wills are generally private when drawn up, they were made known to the public during the ancient Roman era. In the early days of Christianity it was commonly seen as a duty to leave a proportion of property or money to the Church. Testaments also had to be made in the presence of a priest. In England this enabled the Church to hold vast lands and wealth up until to the Reformation of the 16th century.
In England there were different laws governing the disposal of land and personal property.
By the early years of 20th century the governing laws were the Wills Act of 1837 which was amended 15 years later, the Court of Probate Act of 1857, the Judicature Acts introduced in the mid-1870s, and the 1897 Land Transfer Act.
The 1837 Act was a watershed in the law which had been urged by the Royal Property Commissioners four years earlier.
Among the recommendations that made the statutes book were that no-one under the age of 21 could make a testament and that every will had to be made in writing, and signed and witnessed. Also any gifts to a witness or his spouse was forbidden.
In effect, these recommendations led to the legal requirements similar to those applicable today.
