The History of Wills: How a Simple Document Stood the Test of Time
(This article is for informational purposes only and does not constitute legal advice.)
The concept of passing on property through a written document after death is an ancient one. What we now call a last will and testament has existed for thousands of years in various forms across different civilizations. While today a will is often viewed as a routine part of estate planning, it is built upon a long and rich history of legal development, personal autonomy, and cultural evolution.
The earliest known wills appeared in ancient Egypt. Egyptians used written instructions to direct how their possessions should be distributed after death. These early documents were often designed to prevent disputes and to ensure that loved ones or religious institutions received what the deceased intended. Ancient Greece and Rome built on this idea, with the Romans developing a highly structured and legally recognized form of the will. Roman citizens were allowed to name heirs, appoint guardians, and make specific gifts of property. They could even use a will to release enslaved individuals. Many of the core principles of modern wills, including the requirement that the person be mentally competent and that the will be properly witnessed, can be traced back to Roman law.
In medieval Europe, the use of wills became more limited. Feudal systems made it difficult for individuals to direct the distribution of land, which was often controlled by the ruling class or passed down through predetermined family lines. During this time, the church oversaw many matters of estate and succession, especially for personal property. Over time, English law began to evolve. By the late Middle Ages, written wills were more widely accepted. A major turning point came with the Statute of Wills in 1540, passed by the English Parliament. This law allowed landowners to use wills to pass real property to their chosen heirs, marking a significant shift toward personal control over one’s estate.
When English colonists came to America, they brought with them the legal traditions surrounding wills. Early American colonies followed English common law, and over time, each state developed its own rules. Although the specific requirements vary from one state to another, the basic elements remain consistent. A valid will must be in writing, the person creating it must be of sound mind, and it must be signed and witnessed according to state law. Some states recognize handwritten wills. Others have begun to permit electronic wills, particularly in response to modern technology and the changing ways people create and store documents.
Today, a will is still the foundation of a good estate plan. It allows a person to name who will receive their assets, appoint a guardian for their children, and select someone to carry out their final wishes. Without a valid will, a person’s estate will be handled under state laws of intestacy. These laws distribute property according to a fixed formula that may not reflect the wishes of the deceased.
The will has remained a powerful tool for centuries because it provides clarity, certainty, and control. While the form has changed over time, the purpose remains the same. It gives individuals the ability to speak for themselves even after they are gone. If you are considering creating or updating your will, it is wise to consult an attorney who can guide you through the process and ensure that your wishes are clearly and legally expressed.