The Evolution of Wills

The Evolution of Wills: A Journey Through History and Modern-Day Estate Planning

Wills have been an integral part of human society for thousands of years, evolving alongside changes in cultures, legal systems, and property rights. From ancient civilisations to modern-day legal practices, the role of a Will has remained vital in the protection of a person’s assets and belongings which are distributed according to their wishes after death. Let’s take a closer look at the fascinating journey of Wills through time.

1. Ancient Civilisations: Early Beginnings

Ancient Egypt

The history of Wills dates back to ancient Egypt around 2500 BCE. Egyptians believed in the afterlife and would often make provisions in their Wills to ensure their possessions would follow them on their journey to the next world. These early Wills were inscribed on papyrus or stone and typically included property, food, and clothing. Family members were the primary heirs, as they were believed to play a key role in ensuring the deceased’s well-being in the afterlife.

Ancient Mesopotamia

Around 2000 BCE, in ancient Mesopotamia, the practice of writing Wills took another step forward. Property transfers, especially land and livestock, were recorded on clay tablets. The idea of formal inheritance laws began to emerge, as kings passed down decrees outlining who could inherit what, helping to formalise the inheritance process and establishing an early version of legal succession.

2. The Roman Empire: The Birth of Formal Inheritance Laws

Roman Law

The Romans significantly shaped modern inheritance laws. By codifying inheritance practices, the Roman Empire allowed citizens to create Wills (or “testaments”) that designated heirs and how property would be distributed. These written Wills were important for ensuring that the deceased’s property passed according to their wishes. The concept of the “testamentum” or written Will became established, along with formalised rules for witnessing and validating these documents.

Roman Law of Succession

Roman law also brought about significant changes by recognising a person’s ability to choose an executor of their estate, someone entrusted with carrying out the deceased’s wishes. The Romans introduced the idea of “fides,” meaning trust, where the testator could specify a trusted individual to oversee the distribution of assets.

3. The Medieval Period: The Church’s Role in Will Making

Medieval Europe

In medieval Europe, following the fall of the Roman Empire, the Catholic Church became central to legal matters, including inheritance laws. The Church’s influence meant that Wills became a crucial way for individuals to ensure their property was passed on according to their wishes. It was also a common practice to leave bequests to the Church, whether in the form of land, money, or goods. People believed that these donations would help secure a place for them in heaven.

Feudal System and Papal Wills

During the feudal era (9th–15th centuries), inheritance was closely tied to land and family lineage. Wills became an important legal tool to ensure that land and property passed to the rightful heirs. With the absence of clear Wills, disputes over inheritance could arise, prompting the formalisation of Will-writing practices. Many people in medieval times would leave land, money, or goods to the Church through their Wills, hoping to secure the care of their souls after death. In some cases, the Church would serve as the executor of estates, further cementing the importance of Wills in both spiritual and material matters.

4. The Renaissance and Beyond: Legal Reform and Formalisation

The English Common Law

The practice of writing Wills became more formalised in England during the 14th and 15th centuries. The establishment of probate courts, which were responsible for overseeing the administration of estates, meant that Wills were subject to legal scrutiny. These courts ensured that the wishes of the deceased were honoured and upheld.

Statute of Wills (1540)

A pivotal moment in the history of Wills occurred in England in 1540 with the Statute of Wills, passed during the reign of Henry VIII. This law allowed individuals to bequeath property through a Will without requiring a formal declaration before a priest. This expanded the ability of landowners to make decisions regarding the distribution of their estates, greatly influencing the future of Will-making.

English Influence

As the British Empire expanded, English common law spread to many parts of the world. This helped standardise the practice of creating Wills, with formal requirements like witnesses, notaries, and registration becoming commonplace in modern legal systems.

5. Modern Wills: A Formal Legal Process

Legal Frameworks

By the 19th and 20th centuries, many countries, including New Zealand, formalised Wills as legal documents governed by specific rules and regulations. Wills became essential tools for estate planning, ensuring that a person’s assets were distributed according to their wishes. Modern legal systems established processes like “probate,” where a Will’s validity is confirmed before the estate can be distributed.

Executors and Beneficiaries

In modern estate planning, the role of an executor became critical. Executors are responsible for ensuring that the deceased’s wishes are carried out, overseeing the distribution of assets, and dealing with any legal challenges. The process of probate was designed to validate Wills and ensure their enforcement.

6. Recent Trends: Digital Wills and Online Services

The Rise of Digital Wills

In the 21st century, technological advancements have revolutionised how people create and store their Wills. Online Will-writing services have become increasingly popular, allowing individuals to draft legally binding Wills at a lower cost and with greater convenience. These digital platforms also offer valuable resources and guidance, helping people understand the intricacies of estate planning.

Digital Assets

With the rise of digital assets such as social media accounts, cryptocurrency, and online banking, people are now including instructions in their Wills for the management of these assets after death. A digital Will can help make sure that these assets are passed on or handled in accordance with the deceased’s wishes, offering a modern solution to new-age problems.

Conclusion: The Importance of Wills Today

The history of Wills demonstrates their importance throughout human history, making sure that people’s legacies and assets are protected after they’re gone. Whether you're living in ancient Egypt, medieval Europe, or the modern digital age, having a Will remains one of the most important steps in securing your legacy. Today, creating a Will is easier than ever with online services, offering an efficient and reliable way to protect your assets and provide peace of mind to your loved ones.

At Footprint we understand the importance of estate planning and are here to help guide you through the process of creating a legally binding Will. Visit Footprint to join the thousands of Kiwis who are creating their Wills online.