Statute of Wills

The Statute of Wills, enacted in England in 1540, fundamentally changed how property could be passed down after death. Before this statute, disposing of land through a will was largely impossible, with property typically passing according to strict inheritance laws or through complex legal maneuvers like fictitious sales to intermediaries.

The Statute of Wills allowed individuals to legally bequeath their land, a significant shift from the previous limitations. This move was partly a response to the widespread use of "uses" (a way to control property indirectly), which had been curtailed by the Statute of Uses in 1535. The 1540 act aimed to balance the crown's feudal rights with the growing desire for testamentary freedom, opening the door for true wills concerning real property.12