Skip to main content
WUHLD
← Back to glossary

Wills Act 1837

Also known as: UK Wills Act, Testamentary Law

Definition

The Wills Act 1837 is UK legislation that establishes the legal requirements for making a valid will in England and Wales, including signing, witnessing, and execution procedures.

Despite being passed nearly 200 years ago, this Act remains the legal foundation for every will created in England and Wales today, governing everything from traditional paper wills to modern online wills.

What Does Wills Act 1837 Mean?

The Wills Act 1837 (formally cited as 7 Will. 4 & 1 Vict. c. 26) is an Act of Parliament passed in 1837 that established the fundamental legal requirements for making a valid will in England and Wales. Before this Act, wills of real property (land and buildings) and personal property (money, possessions) were governed by different rules, creating confusion and legal complications. The Act unified these rules into a single, comprehensive framework that remarkably remains largely in force nearly 200 years later, with amendments ensuring it adapts to modern circumstances.

The most important section of the Wills Act 1837 is Section 9, which was substituted by Section 17 of the Administration of Justice Act 1982 to clarify execution requirements. Section 9 requires that a will must be in writing, signed by the testator (the person making the will) or by someone in their presence and at their direction, and it must appear the testator intended the signature to give effect to the will. Critically, the signature must be made or acknowledged in the presence of two or more witnesses present at the same time, and each witness must attest and sign the will in the testator's presence. These strict formalities prevent fraud and ensure the testator genuinely intended their will. For example, when Sarah signs her will at home, she must have both witnesses physically present together when she signs—having them sign at different times would invalidate the entire will under Section 9, regardless of how clear her intentions were.

Beyond Section 9's execution requirements, several other provisions significantly affect will validity. Section 15 addresses beneficiary witnesses: if a beneficiary or their spouse witnesses the will, the gift to that beneficiary is void, though the will itself remains valid. Section 18 provides that marriage automatically revokes any will made before the marriage, unless the will was made "in contemplation of marriage" to the specific person the testator married (this exception was added in 1982). Civil partnerships have the same revocation effect. Section 33 contains anti-lapse provisions: if a testator's child or descendant dies before them, the gift passes to that descendant's children rather than lapsing. The Act also sets the minimum age for making a will at 18 (Section 7, with exceptions for military personnel) and prescribes how wills can be revoked (Section 20). Recent amendments showed the Act's adaptability—temporary provisions allowed video witnessing during COVID-19 from January 2020 to January 2024, though this has now expired and physical presence is again required.

Common validity issues under the Act include failure to have two witnesses present simultaneously (the most frequent Section 9 violation), beneficiaries acting as witnesses (voiding their gifts under Section 15), unsigned wills, marriage after will-making without updating (Section 18 automatic revocation), and improperly executed alterations (Section 21 requires alterations to be signed and witnessed like the original will). The Act applies equally to online wills, DIY wills, and professionally drafted wills—all must comply with the same statutory formalities. While the Law Commission published reform proposals in 2025 recommending a new Wills Act to replace the 1837 legislation, the current Act remains fully in force. Understanding the Wills Act 1837 is essential because non-compliance can render a will partially or completely invalid, causing estates to be distributed under intestacy rules rather than according to the testator's wishes.

Common Questions

"Does the Wills Act 1837 still apply to online wills made in 2025?" Yes, absolutely. The Wills Act 1837 applies to all wills made in England and Wales, regardless of how they're created—online, DIY, or professionally drafted. Even though the Act is 188 years old, it remains the governing legislation and all wills must comply with Section 9's witnessing requirements, which currently require physical presence of two witnesses.

"What happens if my will doesn't comply with the Wills Act 1837?" If your will doesn't meet the Act's requirements, it may be partially or completely invalid. Section 9 failures (like not having two witnesses present together) invalidate the entire will. Section 15 violations (beneficiary witnesses) void only that beneficiary's gift while the rest stands. When a will is invalid, your estate is distributed according to intestacy rules, which may not reflect your wishes at all.

"Why is the Wills Act 1837 from 1837 still used instead of being replaced?" The Wills Act 1837 remains in force because its core principles—requiring written, witnessed, signed documents—still effectively prevent fraud and ensure testators genuinely intended their wills. Parliament has amended it (notably in 1982 to clarify signing requirements and add contemplation of marriage exceptions), and the Law Commission has proposed comprehensive reforms, but the fundamental safeguards remain sound for both traditional and modern estates.

Common Misconceptions

Myth: "Because the Wills Act 1837 is so old, it doesn't apply to modern online wills or digital assets."

Reality: The Wills Act 1837 applies to all wills made in England and Wales today, regardless of how they're drafted or what assets they cover. The Act governs the formal requirements for executing a valid will (written, signed, witnessed), not the types of assets you can leave. While the Law Commission is proposing reforms, the 1837 Act with its amendments remains fully in force.

Myth: "As long as my will clearly shows my intentions, minor technical failures to comply with the Wills Act 1837 won't matter."

Reality: English courts have very limited discretion to overlook failures to comply with the Wills Act 1837's formal requirements, especially Section 9. Even if your intentions are crystal clear, if you didn't sign in front of two witnesses who also signed in your presence, the will is generally invalid. Unlike some other countries (Australia, New Zealand), England and Wales have no "substantial compliance" doctrine—exact compliance with statutory formalities is required.

Understanding Wills Act 1837 connects to these related concepts:

  • Execution: The practical process of formally creating a will according to the requirements set out in Section 9 of the Wills Act 1837.
  • Witness: Section 9 mandates that two witnesses must attest to the testator's signature; this term defines who can perform this role and the witnessing procedure.
  • Testamentary Capacity: While the Wills Act 1837 governs formal execution requirements, testamentary capacity addresses the mental capacity requirement established by common law, not statute.
  • Attestation: The specific act of witnesses signing the will to confirm they witnessed the testator's signature, as required by Section 9 of the Wills Act 1837.
  • Revocation: Sections 18 and 20 of the Wills Act 1837 prescribe the methods by which a will can be revoked, including marriage and deliberate destruction.
  • UK Will Requirements: Is Your Will Legally Valid?: This article translates the Wills Act 1837's statutory requirements into practical, actionable guidance for verifying your will complies with legal standards.
  • How to Sign a Will in the UK (The Correct Way): Step-by-step instructions for complying with Section 9 of the Wills Act 1837, showing exactly how to execute your will to avoid invalidation.
  • Who Can Witness a Will in the UK?: Explains who can and cannot act as a witness under Sections 9 and 15 of the Wills Act 1837, preventing costly witnessing mistakes.
  • What Makes a Will Invalid in the UK?: Catalogs the ways wills fail to comply with the Wills Act 1837's requirements, from execution failures to marriage revocation, with real-world examples.
  • Wills Act 1837: Understanding UK Will Law: Comprehensive deep-dive covering the Act's history, key sections, amendments, ongoing reforms, and case law interpretations.

Need Help with Your Will?

Understanding the Wills Act 1837's requirements is crucial for creating a legally valid will. WUHLD's guided platform ensures your will complies with all statutory formalities, from Section 9's signing requirements to Section 15's witnessing rules.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer: This glossary entry provides general information about the Wills Act 1837 and does not constitute legal advice. The Wills Act 1837 applies only to wills made in England and Wales. If you live in Scotland, Northern Ireland, or another country, different laws apply. This entry describes the Act as currently in force; check for recent legislative changes or consult a qualified solicitor for advice specific to your situation, particularly if your will involves complex circumstances or you're concerned about validity.