Wills Act 1837

An Act for the amendment of the Laws with respect to Wills.

Sections

Section 1 Wills Act 1837 – Meaning of certain words in this Act.

Section 2 Wills Act 1837 – (Repealed)

Section 3 Wills Act 1837 – All property may be disposed of by will.

Section 4 Wills Act 1837 – Fees and fines payable by devisees of customary and copyhold estates.

Section 5 Wills Act 1837 – Wills or extracts of wills of customary freeholds and copyholds to be entered on the court rolls; and the lord to be entitled to the fine.

Section 6 Wills Act 1837 – Devolution of estates pur autre vie not disposed of by will.

Section 7 Wills Act 1837 – No will of a person under age valid.

Section 8 Wills Act 1837 – Will of a femme covert.

Section 9 Wills Act 1837 – Every will shall be in writing, and signed or acknowledged by the testator in the presence of two witnesses at one time, who shall attest the will.

Section 10 Wills Act 1837 – Appointments by will to be executed like other wills, and to be valid, although other required solemnities are not observed.

Section 11 Wills Act 1837 – Saving as to wills of soldiers and mariners.

Section 12 Wills Act 1837 – (Repealed)

Section 13 Wills Act 1837 – Publication of will not requisite.

Section 14 Wills Act 1837 – Will not to be void on account of incompetency of attesting witness.

Section 15 Wills Act 1837 – Gifts to an attesting witness, or his or her wife or husband, to be void.

Section 16 Wills Act 1837 – Creditor attesting a will charging estate with debts shall be admitted a witness.

Section 17 Wills Act 1837 – Executor shall be admitted a witness.

Section 18 Wills Act 1837 – Wills to be revoked by marriage, except in certain cases.

Section 19 Wills Act 1837 – No will to be revoked by presumption from altered circumstances.

Section 20 Wills Act 1837 – No will to be revoked otherwise than as aforesaid or by another will or codicil or by destruction thereof.

Section 21 Wills Act 1837 – No alteration in a will after execution except in certain cases, shall have any effect, unless executed as a will.

Section 22 Wills Act 1837 – No revoked will shall be revived otherwise than by re-execution or a codicil., etc.

Section 23 Wills Act 1837 – Subsequent conveyance or other act not to prevent operation of will.

Section 24 Wills Act 1837 – Wills shall be construed, as to the estate comprised, to speak from the death of the testator.

Section 25 Wills Act 1837 – Residuary devises shall include estates comprised. in lapsed and void devises.

Section 26 Wills Act 1837 – A general devise of the testator’s lands shall include copyhold and leasehold as well as freehold lands, in the absence of a contrary intention.

Section 27 Wills Act 1837 – A general gift of realty or personalty shall include property over which the testator has a general power of appointment.

Section 28 Wills Act 1837 – A devise of real estate without any words of limitation shall pass the fee, etc.

Section 29 Wills Act 1837 – The words “die without issue,” or “die without leaving issue,” etc., shall mean a want or failure of issue in the lifetime or at the death of the person, except in certain cases.

Section 30 Wills Act 1837 – Devise of realty to trustees or executors shall pass the fee, etc., except in certain cases.

Section 31 Wills Act 1837 – Trustees under an unlimited devise, where the trust may endure beyond the life of a person beneficially entitled for life, shall take the fee, etc.

Section 32 Wills Act 1837 – Devises of estates tail shall not lapse where inheritable issue survives, etc.

Section 33 Wills Act 1837 – Gifts to children or other issue who leave issue living at the testator’s death shall not lapse.

Section 34 Wills Act 1837 – Act not to extend to wills made before 1838, or to estates pur autre vie of persons who die before 1838.

Section 35 Wills Act 1837 – Act does not to extend to Scotland.

Section 36 Wills Act 1837 – (Repealed).

---

See also: Wills Amendment Act 1852