The History of Wills: A Journey Through Time
Since the dawn of civilization, humans have pondered how to pass on their possessions, wealth, and responsibilities after death. One of the oldest and most enduring tools for managing this transition is the will — a legal document that outlines a person’s final wishes. Though modern wills are typically straightforward, their history is anything but. Let’s take a journey through time to explore how wills evolved from ancient scrolls to today’s notarized documents.
From Papyrus to Probate: A Brief History of Wills
When you think of a will, you probably imagine a formal legal document signed in a lawyer’s office, spelling out who inherits what after someone dies. But the concept of a will — a person’s last wishes regarding their possessions and legacy — goes back thousands of years. Across time and cultures, humans have always sought ways to control what happens to their belongings after death.
Here’s a look at how wills evolved from ancient scrolls to the structured legal instruments we know today.
Ancient Beginnings: Wills in Egypt, Greece, and Rome
The earliest known wills date back over 4,000 years to ancient Egypt. These primitive documents allowed property owners to specify how their assets should be divided after death. Egyptian wills often involved oral declarations or inscriptions on tomb walls, intended to appease both family and the gods. One of the earliest known wills was discovered in ancient Egypt. Dating back to around 2500 BCE, it was written by a man named Sekhenren on papyrus, detailing the distribution of his estate to his wife and children. Ancient Mesopotamian societies also had property transfer practices, including posthumous ones, though these were often handled more as family or tribal agreements than formal documents.
In Ancient Greece, wills gained more legal structure. While initially reserved for men without direct heirs, Greek citizens could use a will to leave property to friends, adopt heirs, or establish charitable gifts. Philosophers like Aristotle referenced wills in their writings, highlighting their social importance.
The concept reached new heights in Ancient Rome. Roman law formalized wills under the Lex Falcidia (40 BCE), a statute that guaranteed a portion of an estate to legal heirs, regardless of the testator’s wishes. Romans introduced written wills and the use of witnesses — traditions that persist today. Testamentary freedom was relatively broad, allowing citizens to disinherit children or leave fortunes to favoured associates, as long as legal heirs received their due share.
The Greeks made limited use of wills, primarily because of their emphasis on family inheritance rules. But it was the Romans who formalized the process. Under Roman law, a will (or *testamentum*) was a well-established legal mechanism by the time of the Republic (509–27 BCE). Romans could name heirs, emancipate slaves, and appoint guardians for children — all through a testament written in the presence of witnesses.
In fact, the term “testament” (as in “Last Will and Testament”) comes directly from Latin. The practice of using a “sealed will” (testamentum in scriptis) gained popularity during the Roman Empire.
Wills in the Middle Ages: Faith and Feudalism
During the Middle Ages, wills took on spiritual as well as legal significance. Medieval Christians believed in the importance of bequeathing property to the church to secure prayers for their souls in the afterlife. As a result, many medieval wills included generous donations to monasteries and parish churches.
The feudal system also shaped inheritance practices. In England, for example, land was often held in trust from the Crown, and inheritance laws like primogeniture dictated that property should pass to the eldest son. Personal property (as opposed to land) could still be distributed by will, and documents from the 12th and 13th centuries show increasing numbers of people using wills to direct the fate of goods, livestock, and jewellery.
During the early Middle Ages in Europe, the fall of the Roman Empire led to a decline in the use of formal wills. Instead, local customs and feudal laws governed inheritance. Landed estates often passed automatically to the eldest son (a system known as primogeniture), and oral wills were sometimes accepted — especially if witnessed by a religious authority.
With the influence of the Church and the resurgence of Roman legal traditions during the 12th century, written wills started to regain importance. The Church itself encouraged the use of wills, partly to allow dying individuals to bequeath money or property to religious institutions in exchange for prayers and spiritual benefits.
The Rise of Common Law Wills
In England, the development of common law during the medieval period led to a more standardized approach to wills. By the 13th century, the courts began to recognize written wills for personal property. However, land could not be freely bequeathed until the Statute of Wills in 1540, enacted under King Henry VIII. This landmark law allowed landowners to will real estate — a major shift in English property rights.
The Statute of Frauds (1677) further codified the rules, requiring wills to be in writing, signed by the testator (the person making the will), and witnessed — principles that remain foundational in many legal systems today.
Wills in the Modern World
Today, wills are governed by national and regional laws but tend to follow a familiar format: they must be made by someone of sound mind, written (in most cases), signed, and witnessed. Some jurisdictions recognize holographic wills — handwritten and unwitnessed documents — while others require more formal procedures.
The advent of digital technology is now pushing the boundaries again. Electronic wills (e-wills) are starting to gain legal recognition in some places but not Britain yet, especially in response to the COVID-19 pandemic, which made traditional in-person signing difficult. Questions about video wills, digital signatures, and the storage of electronic documents are reshaping the future of estate planning.
Conclusion: A Legacy of Planning
From clay tablets to encrypted PDFs, the will has been a powerful tool for expressing final wishes and distributing wealth. It’s more than a legal document — it’s a testament to how we value our relationships, our possessions, and our legacies. As the law continues to evolve, one thing remains constant: the human desire to have a say in what happens after we’re gone.
Have you written your will?
It’s never too early to start planning. Whether it’s a simple statement or a complex estate plan, your future self — and your loved ones — will thank you.