Wills Act 1963
Encyclopedia
The Wills Act 1963 is an Act
of the Parliament of the United Kingdom
that repealed the Wills Act 1861 and brought United Kingdom law in line with the suggestions of the Ninth Hague Conference on Private International Law
, completed on 5 October 1961. Along with the Wills Act 1837
, the 1963 Act is the principal Act dealing with wills in the United Kingdom. The 1963 Act allows a will to be considered "properly executed" if it was executed in line with local law in the state where it was executed, the state where the testator lived or the state the testator was a citizen of, rather than applying United Kingdom law to all wills.
, was a frequently used example of the conflict between various national laws because of the different standards it set between subjects and wills from the United Kingdom and from other nations. In addition it failed to distinguish between movable and immovable property
, and immovable property had to be compatible with the law of the state it was in, with no consideration for the nationality of the testator
or any other factors.
The meeting of the produced a Draft Convention on the Formal Validity of Wills, and combined with the Fourth Report of the Lord Chancellor
's Private International Law Committee this provided enough incentive for the government to introduce a bill repealing the 1861 Act and replacing it with something that meshed with the law of other states. The bill was introduced to the House of Commons on 21 November 1962, given its second reading on 22 February 1963, and received the Royal Assent
on 31 July 1963.
lived in up to his death or the state the testator was a citizen of. This gets rid of the problem with the 1861 Act which meant that wills could be declared formally invalid if not executed in a very narrow way - wills of British citizens had to be executed in line with British law, regardless of where the citizen lived. It has been suggested that "will" should include similar things in nations with different types of inheritance, such as the "contracts of inheritance" in German and Swiss law. Section 1 deliberately makes no distinction between wills of real property
and wills of personal property
.
Section 2 allows a will to be considered executed if it is executed on board an aircraft or ship in a fashion which follows the law of the state in which the aircraft is registered. If a will disposes of real property
it is considered executed if it conforms to the law in the state the property was in, and a will overturning a previous will is considered executed if its purpose is to overturn a previous will valid under the Act, or terms of a previous will which would not be considered valid under the Act. A will to appoint executors is considered similarly executed.
Section 3 takes into account the laws of other states on the make-up of a will, and says that the way a will is constructed does not have to be changed if the testator moves state after the will is executed. Section 5 took into account the Scottish system of property transfer, but was repealed by the Succession (Scotland) Act 1964. Sections 6 and 7 are procedural ones, which define certain terms and indicate that the Act comes into force on 1 January 1964.
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that repealed the Wills Act 1861 and brought United Kingdom law in line with the suggestions of the Ninth Hague Conference on Private International Law
Hague Conference on Private International Law
The Hague Conference on Private International Law is the preeminent organisation in the area of private international law....
, completed on 5 October 1961. Along with the Wills Act 1837
Wills Act 1837
The Wills Act 1837 is an Act of the Parliament of the United Kingdom that confirms the power of every adult to dispose of their real and personal property, whether they are the outright owner or a beneficiary under a trust, by will on their death...
, the 1963 Act is the principal Act dealing with wills in the United Kingdom. The 1963 Act allows a will to be considered "properly executed" if it was executed in line with local law in the state where it was executed, the state where the testator lived or the state the testator was a citizen of, rather than applying United Kingdom law to all wills.
Background
The 1861 Act, known as Lord Kingsdown's ActThomas Pemberton Leigh, 1st Baron Kingsdown
Thomas Pemberton Leigh, 1st Baron Kingsdown , was a British barrister, judge and politician.-Background:Born Thomas Pemberton, in London, Leigh was the eldest son of Thomas Pemberton, a chancery barrister....
, was a frequently used example of the conflict between various national laws because of the different standards it set between subjects and wills from the United Kingdom and from other nations. In addition it failed to distinguish between movable and immovable property
Immovable property
Immovable property is an immovable object, an item of property that cannot be moved without destroying or altering it - property that is fixed to the Earth, such as land or a house. In the United States it is also commercially and legally known as real estate and in Britain as property...
, and immovable property had to be compatible with the law of the state it was in, with no consideration for the nationality of the testator
Testator
A testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death. It is any "person who makes a will."-Related terms:...
or any other factors.
The meeting of the produced a Draft Convention on the Formal Validity of Wills, and combined with the Fourth Report of the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
's Private International Law Committee this provided enough incentive for the government to introduce a bill repealing the 1861 Act and replacing it with something that meshed with the law of other states. The bill was introduced to the House of Commons on 21 November 1962, given its second reading on 22 February 1963, and received the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 31 July 1963.
Provisions of the Act
The Act is divided into seven sections. Section 1 allows a will to be considered "properly executed" if it was executed in line with the laws in the state where it was executed, the state the testatorTestator
A testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death. It is any "person who makes a will."-Related terms:...
lived in up to his death or the state the testator was a citizen of. This gets rid of the problem with the 1861 Act which meant that wills could be declared formally invalid if not executed in a very narrow way - wills of British citizens had to be executed in line with British law, regardless of where the citizen lived. It has been suggested that "will" should include similar things in nations with different types of inheritance, such as the "contracts of inheritance" in German and Swiss law. Section 1 deliberately makes no distinction between wills of real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
and wills of personal property
Personal property
Personal property, roughly speaking, is private property that is moveable, as opposed to real property or real estate. In the common law systems personal property may also be called chattels or personalty. In the civil law systems personal property is often called movable property or movables - any...
.
Section 2 allows a will to be considered executed if it is executed on board an aircraft or ship in a fashion which follows the law of the state in which the aircraft is registered. If a will disposes of real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
it is considered executed if it conforms to the law in the state the property was in, and a will overturning a previous will is considered executed if its purpose is to overturn a previous will valid under the Act, or terms of a previous will which would not be considered valid under the Act. A will to appoint executors is considered similarly executed.
Section 3 takes into account the laws of other states on the make-up of a will, and says that the way a will is constructed does not have to be changed if the testator moves state after the will is executed. Section 5 took into account the Scottish system of property transfer, but was repealed by the Succession (Scotland) Act 1964. Sections 6 and 7 are procedural ones, which define certain terms and indicate that the Act comes into force on 1 January 1964.