A Brief History of Will-Making in England

Did you know that the history of will-making in England stretches back over a thousand years? It’s a fascinating journey that’s evolved over time, shaped by the twists and turns of society, law, and religion. 

During Anglo-Saxon times (circa 600-1066 AD), wills were informal, mostly oral declarations made before witnesses, that usually concerned personal belongings rather than land. The Norman Conquest in 1066 introduced changing legal, economic, and political customs, making the transfer of land more complex. Land technically belonged to the Crown! Bequeathing Property needed the King's approval, although personal property could be freely gifted.

The Church of England became heavily involved in will making during the 12th and 13th centuries, overseeing the probate of wills through ecclesiastical courts. Wills from this period often included gifts to the Church which reflected religious beliefs of the time. Written wills became more common, and the Church’s involvement standardized the process.

A big shift came with the Statute of Wills in 1540 under Henry VIII, allowing landholders to leave their property through wills. This was a significant move towards testamentary freedom and also reduced the Church’s influence over probate bringing about greater involvement by secular courts.

The process of will making was formalized with the Wills Act of 1837, which established certain legal requirements for a valid will i.e. for the document to be in writing, signed, and witnessed. This legislation provided more people with the ability to create legally binding and effective wills. 

In modern times, will making has continued to adapt, with the introduction of provisions to protect dependents and the concept of digital wills moving forward. These developments highlight the ongoing evolution of will making in response to societal changes. It remains a crucial part of English law.

If you or someone you know requires assistance on their Will arrangements, we’d be happy to help! Please contact our Wills, Probate & Trusts team at our Leamington Spa office on 01926 887700 or email leamspa@thomasflavell.co.uk, or the team at our Hinckley office on 01455 610747 or email law@thomasflavell.co.uk.