Author: Michael Sladen (2001)

Michael Sladen considers whether or not there is a case for reform of the
Wills Act 1837
(taken from Isssue No 15 – April 2001

It is generally accepted throughout the civilised world that men and women have the right to dispose of their property when they die; thus, as the illustrious Gibbon points out, prolonging the dominion of the testator beyond the grave. In a sophisticated society the will-making process is controlled and delimited by law. In England and Wales such law is both statutory and non-statutory; the latter is embodied in decisions of the courts and develops naturally over the years. So far as statutory law is concerned, our present main source is the Wills Act 1837, as amended. This statute covers the start of Victoria’s great reign; it is not the oldest effective statute but it is felt in some quarters to be outdated. Modem testators should, instead, have something more consonant with ‘cool Britannia’ and the third millennium¹. Other commentators² think that the 1837 Act is unsatisfactory for technical reasons. Are these views sufficiently cogent to justify replacing the Act with a text that is more efficient, up to date and ‘user-friendly’?