Wills Act 1837

1. s. 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…

2. s. 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…

3. s. 7

   No will of a person under age valid

   No will made by any person under the age of eighteen years shall be valid.

4. s. 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…

5. s. 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…

6. s. 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…

7. s. 13

   Publication of will not be requisite

   Every will executed in manner herein-before required shall be valid without any other publication thereof.

8. s. 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…

9. s. 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 beneficial devise, legacy, estate, interest, gift, or appointment…

10. s. 16

    Creditor attesting to be admitted a witness

    In case by any will any real or personal estate shall be charged with any debt or debts, and any creditor, or the wife or husbandor civil partner of any…

11. s. 17

    Executor shall be admitted a witness

    No person shall, on account of his being an executor of a will, be incompetent to be admitted a witness to prove the execution of such will, or a witness to…

12. s. 18

    Wills to be revoked by marriage, except in certain cases

    (1) Subject to subsections (2) to (5) below, a will shall be revoked by the testator’s marriage. (2) A disposition in a will in exercise of a power of…

13. s. 18A

    Effect of dissolution or annulment of marriage on wills

    (1) Where, after a testator has made a will, ... a court of civil jurisdiction in England and Wales dissolves or annuls his marriage or his marriage is…

14. s. 18B

    Will to be revoked by civil partnership

    (1) Subject to subsections (2) to (6) (7), a will is revoked by the formation of a civil partnership between the testator and another person. (2) A disposition…

15. s. 18C

    Effect of dissolution or annulment of civil partnership on wills

    (1) This section applies if, after a testator has made a will— (a) a court of civil jurisdiction in England and Wales dissolves his civil partnership or makes…

16. s. 18D

    Effect on subsisting will of conversion of civil partnership into marriage

    (1) The conversion of a civil partnership into a marriage does not— (a) revoke any will made by a party to the civil partnership before the conversion; or (b)…

17. s. 18E

    Effect on subsisting will of conversion of marriage into civil partnership

    (1) The conversion of a marriage into a civil partnership does not— (a) revoke any will made by a party to the marriage before the conversion; or (b) affect…

18. s. 19

    No will to be revoked by presumption

    No will shall be revoked by any presumption of an intention on the ground of an alteration in circumstances.

19. s. 20

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

    No will or codicil, or any part thereof, shall be revoked otherwise than as aforesaid, or by another will or codicil executed in manner herein-before required…

20. s. 21

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

    No obliteration, interlineation, or other alteration made in any will after the execution thereof shall be valid or have any effect, except so far as the words…

21. s. 22

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

    No will or codicil, or any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution thereof or by a codicil…

22. s. 23

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

    No conveyance or other Act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act…

23. s. 24

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

    Every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed…

24. s. 25

    Residuary devise shall include estates comprised in lapsed and void devises

    Unless a contrary intention shall appear by the will, such real estate or interest therein as shall be comprised or intended to be comprised in any devise in…

25. s. 26

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

    A devise of the land of the testator, or of the land of the testator in any place or in the occupation of any person mentioned in his will, or otherwise…

26. s. 27

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

    A general devise of the real estate of the testator, or of the real estate of the testator in any place or in the occupation of any person mentioned in his…

27. s. 28

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

    Where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass the fee simple, or other the whole…

28. s. 29

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

    In any devise or bequest of real or personal estate the words “die without issue,” or “die without leaving issue,” or “have no issue,” or any other words which…

29. s. 30

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

    Where any real estate (other than or not being a presentation to a church) shall be devised to any trustee or executor, such devise shall be construed to pass…

30. s. 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

    Where any real estate shall be devised to a trustee, without any express limitation of the estate to be taken by such trustee, and the beneficial interest in…

31. s. 33

    Gifts to children or other issue who leave issue living at the testator’s death shall not lapse

    (1) Where— (a) a will contains a devise or bequest to a child or remoter descendant of the testator; and (b) the intended beneficiary dies before the testator…

32. s. 33A

    Disclaimer or forfeiture of gift

    (1) This section applies where a will contains a devise or bequest to a person who— (a) disclaims it, or (b) has been precluded by the forfeiture rule from…

33. s. 34

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

    This Act shall not extend to any will made before the first day of January one thousand eight hundred and thirty-eight, and every will re-executed or…

34. s. 35

    Act not to extend to Scotland

    This Act shall not extend to Scotland.

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