Legal Definitions - statute of wills

The Statute of Wills refers to a foundational legal principle, originating from a 16th-century English law, that grants individuals the right to determine how their property, particularly real estate, will be distributed after their death through a formal document known as a will. In modern legal systems, this term often refers to state laws that govern the creation, validity, and enforcement of wills, outlining specific requirements for a will to be legally binding.

Here are some examples to illustrate the Statute of Wills:

• Leaving a Family Home: Mrs. Chen, an elderly woman, owns her home outright and wishes to ensure her only granddaughter inherits the house after she passes away. The Statute of Wills provides the legal framework that allows Mrs. Chen to write a will specifying that her granddaughter will receive the house. Without such a statute, her ability to dictate the inheritance of her real property might be limited or nonexistent, and the property could pass according to older, default inheritance rules.

• Validating a Will's Execution: Mr. Davies drafts a will on his own, intending to leave his entire estate to a charity. He signs it, but forgets to have any witnesses present. After his death, the charity attempts to claim the inheritance. The Statute of Wills (or its modern equivalent in state law) typically requires specific formalities for a will to be valid, such as being signed by the testator in the presence of two witnesses. Because Mr. Davies's will did not meet these statutory requirements, it might be deemed invalid, and his estate could be distributed according to intestacy laws (laws for dying without a valid will), rather than his stated wishes.

• Distributing Personal Property and Assets: A young professional, Ms. Rodriguez, has accumulated significant savings, investments, and valuable personal items like art and jewelry. She wants to ensure her best friend receives her art collection, while her siblings inherit her financial assets. The Statute of Wills empowers Ms. Rodriguez to create a will that precisely outlines these specific bequests. It allows her to legally direct the distribution of both her tangible personal property (the art) and her intangible financial assets (savings, investments) according to her wishes, rather than having them distributed by default state laws that might not reflect her intentions.