Reforming the Law of Will Execution: The Real Property Commissioners’ Reports
38 Pages Posted: 11 Oct 2018
Date Written: September 18, 2018
The paper is an introductory chapter of a book length study on the Wills Act of 1837. It focuses on the discussion of wills in the First Report made to by the Commissioners appointed to inquire into the Law of England respecting Real Property (1829) and the Fourth Report made to His Majesty by the Commissioners appointed to inquire into the Law of England respecting Real Property (1833). The Report demonstrates wide-spread disquiet over the substantive law of wills and significant dissatisfaction with the process of probate. But the enquiry also looks to other issues on inheritance, the exercise of ‘illusory appointments’ and the problem of proof of death, areas which have hither to been ignored by historians.
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