This blog series follows the general outline of a December 1961 Norte Dame Law Review article titled “History of Estate Planning” by William D. Rollison.

Since the beginning of time mankind has had an innate tendency to pine for a degree of immortality by projecting himself (or herself) from beyond the grave. Those may be high sounding words, perhaps, but I would contend that history bears them out.

It may be said to a certain degree that estate planning affords such an opportunity; namely, that of leaving a legacy that endures beyond one’s lifetime.

The will seems to be the earliest of all estate planning devices and there is evidence it was in use in Egypt 🇪🇬 as early as 3,000 B..C.

In Roman law the will was revocable. Justinian’s Code set out formal requisites for establishing a will. (Justinian I was the Eastern Roman Emperor in Constantinople from 527 to 565 A.D., who is noted for a codification or compilation of Roman jurisprudence known as the Corpus Juris Civilis — see Wikipedia).

Wills were in use in England prior to the reign of William the Conqueror, which began in 1066. However, the legal and social changes brought about by the Conquest had a more profound effect on modern estate planning.

The laws of wills and testaments developed concurrently In England, along with the law respecting uses and the Rule Against Perpetuities (which was developed as a means to deter restraints on alienation of property).

Testaments are part of a will, more particularly that part which deals with the disposition of personal property.

The Statute of Wills was enacted in England in 1540. For the first time in England since the Conquest, it allowed for posthumous transfer of land to a person of the property owner’s choosing. It allowed a property owner to determine, by means of a will, who would inherit his real property.

Prior to the statute, land could only pass by descent if the property holder had competent living relatives who survived him and was subject to primogeniture. If there were no such relatives then the property would escheat (be forfeited) to the crown. See Wikipedia.

Primogeniture was the rule prevailing in feudal times in which the real estate of a property holder passed to the firstborn son.

The Statute of Wills provided for some of the formalities which continue in most modern jurisdictions in America, such as the requirement be in writing, signed by the testator, and witnessed by two competent witnesses.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.