Statute of Wills 1540 (32 Henry VIII, c. 1)
The Statute of Wills was an Act of the Parliament of England (formally "An Acte howe Landes may be willed by Testament," 32 Hen. VIII, c. 1), passed in the 1540 session and operative from 20 July 1540. It restored the power to dispose of land by last will and testament — a power the Statute of Uses 1536 had effectively destroyed by executing the use and re-attaching land to the rigid common-law rules of descent. Under this Act, land held in free socage became fully devisable by written will, and land held of the Crown by knight's service became devisable as to two-thirds (the Crown retaining wardship, primer seisin and its other feudal incidents on the remaining third). It is a cornerstone of testamentary freedom in Anglo-American property law and the direct legislative sequel to the Statute of Uses.
Source: https://archive.org/download/the-statutes-of-the-realm-3/The_Statutes_of_the_Realm-3_djvu.txt — The Statutes of the Realm, Vol. III (1509–1547), 32 Henry VIII c. 1 (Record Commission edition, printed 1817; out of copyright / public domain). The verbatim text below preserves the original Tudor orthography and the Record Commission's bracketed editorial restorations; printed page-furniture (running headers, page numbers, scan artifacts and footnote markers) has been removed for readability. The statutory wording itself is unaltered.
Plain-English summary (editorial)
A readability aid only — not the statute. The authoritative text is the verbatim transcript below.
- The problem it fixed. The Statute of Uses 1536 had "executed the use," collapsing the trust device people had relied on to pass land at death. The unintended result was that land could no longer be left by will, throwing estates back onto the common-law rules of inheritance.
- Socage land — fully devisable. From 20 July 1540, any person holding land in free socage (and not holding of the King by knight's service) gained "full and free libertie power and auctoritie to geve dispose wille and divise" all of it by a written last will and testament, or by act executed in his lifetime.
- Knight's-service land — two-thirds devisable. Land held of the Crown by knight's service could be devised as to two parts (two-thirds); the King kept his feudal rights — wardship, marriage, relief and primer seisin — over the remaining third.
- A written instrument. The Act required the will to be in writing, an early step toward the formality later codified in the Statute of Frauds 1677 and the Wills Act 1837.
- Why it matters here. Together with the Statute of Uses, it is the hinge on which modern testamentary freedom — and the long Anglo-American argument over how land, trusts and the dead's intentions are governed — turns.
Verbatim text — original spelling (Statutes of the Realm, Vol. III)
An Acte howe Landes may be willed by Testament.
[W]HERE the Kinges mooste Roiall Majestie, in all the tyme of his mooste graciouse and noble [reigne, hath']
ever ben mercifull loving and [benevolente and*] mooste gracious Souveraine Lorde unto all and singulier
his loving and obedient subjetis, [and by?] many tymes past hath not only shewed and [imparted‘] to them, generally by his many often [and greate*] beneficiall pdons heretofore by autorities of his plamentis graunted, but also by divers other waies and meanes, many greate and ample grauntis and benignities, in suche wise as all his sad subjectes ben moste bounden to thuttermost of all their powers and graces by them receyved of God to rendre and geve unto his Majestie their moste humble reverence and obedient thankis and services, with their daily and contynuall praiers to Allmighty God for (°) cdtinual pservacion of his mooste Roial astate in moste kingely honour and prosperitie ; Yet allwaies his Majesty being replete and endowed by God with grace goodnes and liberalitie mooste tenderlie considering that his said obedient and loving Subjectes cannot use or exercise themselfis according to their estatis degrees faculties and qualities, or to beare themselfis in suche wise as that they may conveniently kepe and mayneteigne their hospitalities and families nor the good educations and bringing up of their laufull generacions, which in this Realme, Jaude be to God, is in all partes veray greate and abundaunt, but that in manner of necessitie as by daily experience is manifested and knowen they shall not be hable of their propre goodes cattallis and other moveable substaunce to discharge their dettis, and after theire degrees sett furthe and avaunce their children and posterities ; Wherefore our said Souveraine Lorde most vertuously considering the mortalitie that is to everie personne at Goddis will and pleasure moste comon and uncertaine, of his most blessid disposicion and liberalitie, being willing to releve and helpe his said subjectis in their said necessities and debilities is contented and pleased that it be ordeyned and enacted by auctoritie
meee ee ———=-= - . 2 - -«- ee eee ee ee eee ee eee De ee ee eee
294 Illegible on the Inrolment ; supplied from the Original Ad. * greate and O. ‘the 0.
A.D.15 40. 39° HEn.VIII. c. 1.
of this present parlament in maner and fourme as herafter folowith that is to say; that all and everie pson and psones, having or whiche herafter shalhave any Manours landes tenementis or hereditamentis, holden in socage or of the nature of socage tenure, and not having any Manours landis tenementis or hereditamentis holden of the King our SouVaine Lorde by Knyght€ service or by socage tenure in chief or of the nature of socage tenure in chief nor of any other persone or personnes by Knightis service, from the xx. day of July in the yere of our Lorde God M' vC and forty, shalhave full and free libertie power and audtoritie to geve dispose wille and [divise,'] aswell by his laste wille and testament in writing, or otherwise by any Adte or Aétes laufully executed in his life, all his said Manours landis tenementis or hereditamentis or any of them at his free wille and pleasure; any lawe statute or other thing heretofore had made or used to the contrarie notwithstanding: And that all and everie pson & psos having Manours landis tenementis or hereditamentis holden of the King our Souveraine Lorde his heires or successours in socage or of the nature of socage tenure in chief, and having any other Manours landis tenementis or hereditamentis holden of any other persone or persones in socage or of the nature of socage tenure, and not having any Manours landis [ landis]] tenementis or hereditamentis holden of the King our Souveraine Lorde by Knightes service nor of any other Lorde or psone by like service, from the xx" day of July in the said yere of our Lord God M' vC. and forty, shalhave full and free libertie power and auctoritie to geve wille dispose and [divise,'] aswell by his last will or testament in writing or otherwise by any atte or actes laufully executed in his life, all his said Manours landes tenementis & hereditamentis or any of them at his fre will and pleasure ; any lawe statute custume or other thinge heretofore had made or used to the contrarie notwithstading. Savinc alway and reserving to the King our Souveraine Lorde his heires and successours all his right title and interest of prymer season and reliefis, and also all other rightes and dueties for tenures in socage or of the nature of socage tenure in chief, as heretofore hath ben used and accustomed ; the same manours landes tenementes or hereditamentes to be taken had and sued out of and from the handes of his Highnes his heires and successours, by the personne or personnes to whome any suche Manours landes tenementis or hereditamentis shalbe disposed willed or (divised,?] in suche and like maner and form hath ben used by any heire or heires bifore the making of this estatute; and saving and reserving also fynes for alienations of suche Mannours landis tenementis or hereditamentis holden of the King our Souveraine Lorde in socage or of the nature of socage [tenour] in chief, wherof there shalbe any alteracion of freholde or inheritaunce, made by will or otherwise as is aforsaid.
AND it is further enacted by thau¢toritie aforesaid that all and singuler personne and personnes having any Mannours landis tenementis or hereditamentis of estate of inheritaunce holden of the Kinges Highnes in chief by Knightis service, or of the nature of Knyghtis service in chief, from the said xx" day of July shalhave full power and auctoritie, by his last will by writing or otherwise by any Aéte or Actes laufully executed in his life, to geve dispose will or assigne twoo partis of the same Manours landis tenementis or hereditamentis in three partes to be divided, or ellis asmuche of the said Manours landis tenementis or hereditamentis as shall extende or amounte to.the yerely value of twoo partis of the same in three partis to be divided in certainety and by speciall divisions as it may be knowen in severaltie, to and for the thadvauncement of his wife preferrement of his children and payment of his dettis, or otherwise at his will and pleasure ; any lawe statute custome or other thinge to the contrarie notwithstanding. Saving and reserving to the King our SuuVaine Lorde the custody wardeshipp and prymer season or any of them as the cace shall require, of asmuche of the same Manours landis tefitis or hereditamentes as shall amount and extende to the full and clere yerely value of the thirde parte therof, without any dimynution dower fraude coveyne charge or abridgement of any of the same thirde parte or of the full prctittes thereof: Saving also and reserving to the King our Souveraine Lorde all fynes for alienations of all suche Manours landis tenementis and hercditamentis holden or the King by Knight¢ service in chief whereof there shalbe any altcracion of treholde or inheritaunce made by will or otherwise as is abovesaid.
Anv be it enacted by thaudtoritie aforesaid that all and singulier personne or personnes having Manours landis tenemenitis or hereditamentis of estate of inheritaunce holden of the King in chief by Knightes service, and having other Manours landis tenementis or hereditamentis holden of [of +} the Kinge or of any other personne or personnes by Knightes service, or otherwise, everie suche psonne and psonnes from the said xx" day of July shalhave full power and auctoritie to geve dispose will or assigne, by his last will in writing, or cthcrwise by any Ade or Aétes laufully executed in his life, twoo partes of the same Manours landis tenementis or hcreditamcntis in thre partes to be divided, or ell@ asmuche of the same Manours landis tenementis and hercditamentis as shall extend or amounte to the yerely value of twoo partes of the same in three partes to be divided in certainety and by speciall divisions as it may be knowen in severaltie, to and for the advauncement of his Wife preferrement of his chidren and payment of his dettis, or otherwise at his will & pleasure; any Jawe statute custume or other thinge to the contrarie therof notwithstanding: Saving alway and reserving to the King our Souveraine Lorde the custody wardeshij and primer season or any of them as the cace shall require of asmuche of the same Manours landes tenementis or otlicr liereditamentis as shall amounte and extend to the full and clere yerely value of the thirde parte therof without any maner of dymynucion dower fraude covyne charge or subtraction of the same thirde parte or of the full profittes therof: Saving also and reserving to our said Souverain Lorde the Kinge all fynes for alienacion of any suche Mannours lindis tenementis or hereditamentis holden of the ‘Kinge by Knight@ service in chief wherof there shalbe any alteracion of frecholle or inheritaunce made by will or otherwise as is abovesaid.
Be it further enacted by thauétoritie abovesaide that if any persone or personnes holde any Manours landes tenementis or hereditamet(, onely of any other Lorde or persone than of the King our said Souveraine Lorde, by Knightes Service, and other land¢ and teiit¢@ in socage or of the nature of socave tenure, that then evy suche personne shall or inay geve dispose or assure, by his will, or otherwise by any Acte or Actes laufully executed in his life, twoo partes of the said Manours landes and tefict€ holden by Knightes service, or of asmuche therof as shall amount to the full yercly value of twoo partes
. ae Se ee ae en es + = ——
' devise OQ. 2* Erroncous Repetitions on the Roll—O. omits. I devised O. * tenure QO.
Persons holding Lands in Socage, not having an Lands holden by Knights Service, or of the King in Chief, empowered to devise and dispose of all such
And in like wise Persons holding Socage J.ands of the King in Chief, and also of others and not havin Lands holden he Knights Service :
Saving for Primer Seisin, Relicfs, Fines for Alienations, &c. to the King.
Persons holdin Lands of the King, by ee Service, in Chief, may devise, &c. Two Third Parts thereof.
Saving to the King, Wardihip, aud Primer Scifin of the Third Part 3
and [ines for Altenation of the whole Lands.
Persors holding Lands by Knight's Service in Chiet, and also other Lands by Knight's Service or other- wise, may in like Manner devise, &c. Two Third Parts thereof,
Saving to the King fur Wardship, &c, of the ‘Tlurd ;
and Fines for Alienation of the whole.
1V. Persons holding Lands, of others than the King, by Knight's Service, and also holding Socage Lands, may devise Two
Thirds of the former, and the whole of the latter:
Saving to the Lord his Wardship of the Third Part.
Persons holdin Lands of the Kings by Knight's Service, but not in Chief, or so holding of the King and others, aod also holding Socage Lands, may in like Manner devise, &c. Two Thirds of the former, &c.
Saving to the King the Wardship of the Third Part ;
The King may seize into his Hands the Third Part of Lands, &c, in case of Deficiency
Like Benefit to other Lords,
Proviso for suing Liveries, Relicfs, and Heriots:
Fines for Alienation on Writs of Entry for suffering Recoveries.
No other Fine ona on such rits.
TX. Ward and Marriage of the Heir of a Joint-tenant of Lands holden of the King.
Saving to Wives — for their Dowers in the Two Third Parts of Lands devisable ; and the King’s Reversion therein
in maner and fourme as is above declared; And also all the landis and tenementis holden by socage or of the nature of socage tenure, at his will and pleasure as is above written. Saving and reserving to the Lorde of the landis and tenementis holden by Knightes service for his custody and wardeship asmuche of the same landis and tenementis as shall extende or amounte to the full and clere yerely value of the thirde parte of the same landis and tefitis holden by Knight service without any dymynucion dower fraude coveyn charge or subtraction of any porcion of that thirde parte or of the clere yerely value therof in maner and fourme aforesaid.
Anp be it further enacted by thauctoritie abovesaid, that if any persone or psones holde any Manours landis tenementis or hereditamentis onely of the King our SouYaine Lorde by Knightes service and not in chief, or holde any Manours landes tenementis or hereditamentis of our said Souveraine Lord by Knightes service and not in chief and also holde other Manours landes tefitis and hereditamentis of any other persone or psonnes by Knight service, and also hold other Manours landes tenementis or hereditamentis of any other personne or psones in socage or of the nature of socage tenure, that then all and everie suche persone and psonnes shall and may geve dispose will [divise ‘ ] and assuer by his last will, or otherwise by any Acte or Actis laufully doon or executed in his life, twoo partes of the same Mannours landis tenementis and hereditamentis holden of our satd Souveraine Lorde the King by Knightes service, and twoo partes of the Manours landis tenementis and hereditamentis holden of any other psonne or psonnes by Knightes service, or asmuche of either of them as shall amounte to the full yerely value of twoo partes in maner and fourme as is abovesaid declared, and also of all his land@ & tenementis so holden in socage or of the nature of socage tenure at his free will and pleasure. Saving and reserving to the Kinges Highnes the custody and wardeship of asmuche of the same Mannours landis tenementis or other hereditamentis as shall extende and amounte to the full and clere yerely value of the thirde parte of the said Mannours landes tenementis and hereditamentis so holden of his Highnes by Knightis service, without any diminution dower fraude coveyne charge or subtraction of any portion of that thirde parte or of the full profittes therof: And also saving and reserving to the Lordes of whome any of the said Mannours landis tefitis or other hereditamentis ben holden by Knightis service for custody and wardeship asmuche of the same Mannours landis tefitis or hereditamentis holden of them or any of them by Knightis service as shall extende and amounte to the full and clere yerely value of the thirde parte of the same without any dymynucion charge fraude coveyn or subtraction of any porcion of that thirde parte or of the clere yerely value of the thirde parte therof in maner and fourme above declared.
ProvipED alway and it is further enacted by thauétoritie aforesaid, that if that third parte of the Mannours landis tefitis or hereditamentis of any of the Kinges subjectis, whiche in any of the cases abovesaid shall herafter come to the Kinges Highnes his heires or successours by vertue of this Acte as is abovesaid, be not or doo not amounte to the clere yerelye value of the full thirde parte of all the said Mannours landis tefitis or other hereditamentis wherof the Kinges Highnes is or shalbe intiteled to have the custody or prymere season as is abovesaid, that then our said Souveraine Lorde and his heires shall and may, at his or their free libertie and pleasure, take into his or their handis and possession as muche of thother twoo partis of the said Mannours landis tejitis and other hereditamentis, as with that of the same Mannours landis tenementis or hereditamentis holden remayning in the Kingf handes, shall make up the clere yerely value of y* full thirde parte of the said Manours land€ & tefitis, so to be had to the Kinges Highnes in title of wardeshipp and prymer season or any of them as the cace shall require: And like benefite and avauntage to be geven to everie lorde and lordis of whome any suche Mannours landis teiitis or hereditamentis ben or shalbe holden by Knightis service as is abovesaid, concerning only his thirde parte of or for title of wardeshipp.
PRovIDED alwaie and be it further enacted by thauctoritie aforesaid that evy personne and personnes shall sue their lyveries for possessions reversions or remainders, and also pay reliefis and herriettis after suche maner and fourme as they shulde or ought to have doon before the making of this Acte and as if this Acte had never been made; And that fynes for alienacions shalbe paid in the Kinges Chauncerie, for and uppon writtes of entree in the Post to be obtayned in the same Courte of Chauncerie after the said xx'" day of July for common recoveries to be had or suffred of any Mannours landis tenementis or hereditamétis holden of the King in chief, in like maner and fourme as is used uppon alienacions of suche Mannours landis teiitis or hereditamentis so holden in chief by fyne or feoffament.
ProvibDep also and be it enacted by thauctoritie aforesaid that in such cases where fynes for alienacions shalbe paide in the Kinges Chauncerie for writtes of entree in the Post as is aforesaid that then none other fyne shalbe paid in the same Courte for any suche Writtes, any usage or custume to the contrarie therof notwithstanding.
Anp be it further enacted by thauctoritie aforesaide that where twoo or more psonnes nowe holde or heraftcr shall holde any Mannours landes tencmentis or hereditamentis, of the King our SouVain Lorde by Knightis service, jointly to them and to theires of one of them, and he that hath thenheritaunce therof dieth, his heyre being within age, that in everie suche cace the Kinz shalhave the warde and mariage of the body of suche heire so being within age; the lif of the freholder or freholders of the said Manours landis tenementis or hereditamentis so holden by Knightis service notwithstanding.
Savino and reserving to all and eVy woman and women all and everie such right title and interest of dower as they or any of them owe to have, or be or shalbe justely intitelid to have clayme or demaunde, of any Manours landes tenementis or hereditamentis by the lawes of this Realme to be taken and assigned unto them or any of them, out of the twoo partis of the said Mannours landes tenementis or hereditamentis severed and divided from the thirde parte as is abovesaide and not otherwise; and saving also to the King our Souverain Lord his heires and successours the reversions of all suche [tenauntee”] in joynture and dower, ymmediately after the deathe of suche tenauntis if they shall happin to dye during the minoritie of the Kinges wardes.
Editorial note on the opening word: the Act opens with a large illuminated drop-capital W, so the first word is WHERE. The Record Commission's letterpress (and the Internet Archive's OCR of it) sets that initial as an oversized free-standing capital, which the OCR layer drops, leaving "HERE the Kinges…"; the [W] above is supplied editorially to restore the word, consistent with the edition's own bracketed restorations. The running head on these pages mis-prints the regnal year as "39° Hen. VIII" — a known typographical error of the 1817 printing; the Act is correctly 32 Hen. 8 c. 1, passed in the Parliament begun 28 April 31 Hen. 8 and continued by prorogation into the session of 32 Hen. 8 (1540).
Provenance & licence: Transcribed verbatim from The Statutes of the Realm (printed by command of His Majesty King George the Third, in pursuance of an address of the House of Commons of Great Britain; from original records and authentic manuscripts), Vol. III (1817), 32 Henry VIII, Chapter I, pp. 744–746 — digitised by the Internet Archive (item `the-statutes-of-the-realm-3`, full text: `https://archive.org/download/the-statutes-of-the-realm-3/The_Statutes_of_the_Realm-3_djvu.txt`). The Record Commission edition was published in 1817 and is out of copyright; this work is in the public domain worldwide. No rights reserved over the transcription. The Statute of Wills 1540 was repealed by the Wills Act 1837 (7 Will. 4 & 1 Vict. c. 26).