WILLS ACT 1837 (WITH AMENDMENTS AND EXPLANATORY NOTES)

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WILLS ACT 1837

LAWS OF THE UNITED KINGDOM

THE WILLS ACT, 1837.

(7 Will. 4 & I Vict. c. 26.)

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EXPLANATORY MEMORANDUM

An Act for the amendment of the Laws with respect to Wills [1073]

The short title was given to this Act by the Short Titles Act, 1896 (c. 14).

As to the effect on this Act of the Law of Property Act, 1922 (c. 16), see the Law of Property Act, 1924 (c. 5), s.9, Sched. 9 (3), Vol. 15, title REAL PROPERTY pp. 169, 174.]

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COMMENCEMENT                 [3rd July, 1837.]

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1.      Meaning of certain words in this Act.-

The words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows; (that is to say,) the word “will” shall extend to a testament, and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament or devise of the custody and tuition of any child, by virtue of an Act passed in the twelfth year of the reign of King Charles the Second, intituled “An Act for taking away the court of wards and liveries and tenures in capite and by knights service, and purveyance, and for settling a revenue upon his Majesty in lieu thereof,” or by virtue of an Act passed in the Parliament of Ireland in the fourteenth and fifteenth years of the reign of King Charles the Second, intituled, “An Act for taking away the court of ward and liveries, and tenures in capite and by knight’s service,” and to any other testamentary disposition; and the words “real estate” shall extend to manors, advowsons, messuages, lands, tithes, rents, and hereditaments, whether freehold, customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether corporeal, incorporeal, or personal, and to any undivided share thereof, and to any estate, right, or interest (other than a chattel interest) therein; and the words “personal estate” shall extend to leasehold estates and other chattels real, and also to monies, shares of government and other funds, securities for money (not being real estates), debts, choses in action, rights, credits, goods, and all other property whatsoever which by law devolves upon the executor or administrator, and to any share or interest therein; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing; and every word importing the masculine gender only shall extend and be applied to a female as well as a male.

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