Wills Act 1837
| Author | Nasreen Pearce |
| Pages | 235-251 |
Appendices
A1 Wills Act 1837
1 MEANING OF CERTAIN WORDS IN THIS ACT: “WILL”: “REAL ESTATE”: “PERSONAL ESTATE”: NUMBER: GENDER
… the words and expressions herein-after mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows; (that is to say,) the word “will” shall extend to a testament, and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power, [and also to an appointment by will of a guardian of a child],[and also to an appointment by will of a representative under section 4 of the Human Tissue Act 2004[or section 8 of the Human Transplantation (Wales) Act 2013] ,] ... and to any other testamentary disposition; and the words “real estate” shall extend to manors, advowsons, messuages, lands, tithes, rents, and hereditaments, ... whether corporeal, incorporeal, or personal … and to any estate, right, or interest (other than a chattel interest) therein; and the words “personal estate” shall extend to leasehold estates and other chattels real, and also to monies, shares of government and other funds, securities for money (not being real estates), debts, choses in action, rights, credits, goods, and all other property whatsoever which by law devolves upon the executor or administrator, and to any share or interest therein; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing; and every word importing the masculine gender only shall extend and be applied to a female as well as a male.
AMENDMENTS
Repealed in part, in relation to Northern Ireland, by the Statute Law Revision (Northern
Ireland) Act 1954, the Statute Law Revision (Northern Ireland) Act 1976, and the Wills and Administration Proceedings (NI) Order 1994, SI 1994/1899, art 38, Sch 3.
First words omitted repealed by the Statute Law Revision Act 1893, s 1, Sch.
Words “and also to an appointment by will of a guardian of a child” in square brackets substituted by the Children Act 1989, s 108(5), (6), Sch 13, para 1.
Children Act 1989 (Commencement and Transitional Provisions) Order 1991, SI 1991/
828, art 3(2) (with Sch 14, para 1(1)).
236 A Practitioner’s Guide to Probate Disputes
Words “and also to an appointment by will of a representative under section 4 of the Human Tissue Act 2004,” in square brackets inserted by the Human Tissue Act 2004, s 56, Sch 6, para 1.
Words “or section 8 of the Human Transplantation (Wales) Act 2013” in square brackets inserted by the Human Transplantation (Wales) Act 2013, s 17.
Second and third words omitted repealed by the Statute Law (Repeals) Act 1969, s 1, Sch,
Pt III.
Final words omitted repealed by the Trusts of Land and Appointment of Trustees Act 1996, s 25(2), Sch 4 (with s 25(4), (5)).
2 ...
AMENDMENTS
Repealed by the Statute Law Revision Act 1874.
3 ALL PROPERTY MAY BE DISPOSED OF BY WILL; CONTINGENT INTERESTS; RIGHTS OF ENTRY; AND PROPERTY ACQUIRED AFTER THE EXECUTION OF THE WILL
… it shall be lawful for every person to devise, bequeath, or dispose of, by his will executed in manner herein-after required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death, and which, if not so devised, bequeathed, or disposed of, would devolve ... upon his executor or administrator; and … the power hereby given shall extend ... to all contingent, executory or other future interests in any real or personal estate, whether the testator may or may not be ascertained as the person or one of the persons in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created, or under any disposition thereof by deed or will; and also to all rights of entry for conditions broken, and other rights of entry; and also to such of the same estates, interests, and rights respectively, and other real and personal estate, as the testator may be entitled to at the time of his death, notwithstanding that he may become entitled to the same subsequently to the execution of his will.
AMENDMENTS
Repealed, in relation to Northern Ireland, by Wills and Administration Proceedings (NI)
Order 1994, SI 1994/1899, art 38, Sch 3.
First and third words omitted repealed by the Statute Law Revision (No 2) Act 1888; second and fourth words omitted repealed by the Statute Law (Repeals) Act 1969.
4–6 ...
AMENDMENTS
Repealed by the Statute Law (Repeals) Act 1969.
7 NO WILL OF A PERSON UNDER AGE VALID
… no will made by any person under the age of [eighteen years] shall be valid.
AMENDMENTS
Repealed, in relation to Northern Ireland, by the Wills and Administration Proceedings
(NI) Order 1994, SI 1994/1899, art 38, Sch 3.
Words omitted repealed by the Statute Law Revision (No 2) Act 1888; the words “eighteen years” in square brackets substituted by the Family Law Reform Act 1969, s 3(1)(a).
8 ...
AMENDMENTS
Repealed by the Statute Law (Repeals) Act 1969.
[9 SIGNING AND ATTESTATION OF WILLS]
(1) [No will shall be valid unless—
(a) it is in writing, and signed by the testator, or by some other person in his presence and by his direction; and
(b) it appears that the testator intended by his signature to give effect to the will; and
(c) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and
(d) each witness either—
(i) attests and signs the will; or
(ii) acknowledges his signature, in the presence of the testator (but not necessarily in the presence of any other witness),
but no form of attestation shall be necessary.]
(2) For the purposes of paragraphs (c) and (d) of subsection (1), in relation to wills made on or after 31 January 2020 and on or before 31 January 202[4], “presence” includes presence by means of videoconference or other visual transmission.
AMENDMENTS
Repealed, in relation to Northern Ireland, by the Wills and Administration Proceedings
(NI) Order 1994, SI 1994/1899, art 38, Sch 3.
Substituted by the Administration of Justice Act 1982, s 17.
Existing s 9 renumbered as s 9(1) and s 9(2) inserted by the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020, SI 2020/952, art 2
(28 September 2020: substitution has effect subject to saving specified in SI 2020/952, art 3).
Section 9(2): figure in square brackets substituted by the Wills Act 1837 (Electronic
Communications) (Amendment) Order 2022, SI 2022/18).
238 A Practitioner’s Guide to Probate Disputes
10 APPOINTMENTS BY WILL TO BE EXECUTED LIKE OTHER WILLS, AND TO BE VALID, ALTHOUGH OTHER REQUIRED SOLEMNITIES ARE NOT OBSERVED
… no appointment made by will, in exercise of any power, shall be valid, unless the same be executed in manner herein-before required; and every will executed in manner herein-before required shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by will, notwithstanding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity.
AMENDMENTS
Repealed, in relation to Northern Ireland, by the Wills and Administration Proceedings
(NI) Order 1994, SI 1994/1899, art 38, Sch 3.
Words omitted repealed by the Statute Law Revision (No 2) Act 1888.
11 SOLDIERS AND MARINERS WILLS EXCEPTED
Provided always… that any soldier being in actual military service, or any mariner or seaman being at sea, may dispose of his personal estate as he might have done before the making of this Act.
AMENDMENTS
Words omitted repealed by the Statute Law Revision (No 2) Act 1888.
12 ...
AMENDMENTS
Repealed by the Admiralty, &c Acts Repeal Act 1865, s 1, Sch.
13 PUBLICATION OF WILL NOT BE REQUISITE
… every will executed in manner herein-before required shall be valid without any other publication thereof.
AMENDMENTS
Repealed, in relation to Northern Ireland, by the Wills and Administration Proceedings
(NI) Order 1994, SI 1994/1899, art 38, Sch 3.
Words omitted repealed by the Statute Law Revision (No 2) Act 1888.
14 WILL NOT TO BE VOID ON ACCOUNT OF INCOMPETENCY OF ATTESTING WITNESS
… if any person who shall attest the execution of a will shall at the time of the execution thereof or at any time afterwards be incompetent to be admitted a witness to prove the execution thereof, such will shall not on that account be invalid.
AMENDMENTS
Repealed, in relation to Northern Ireland, by the Wills and Administration Proceedings
(NI) Order 1994, SI 1994/1899, art 38, Sch 3.
Words omitted repealed by the Statute Law Revision (No 2) Act 1888.
15 GIFTS TO AN ATTESTING WITNESS TO BE VOID
… if any person shall attest the execution of any will to whom or to whose wife or husband any...
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