The Statute of Frauds[b] (29 Cha. 2. c. 3) (1677) was an act of the Parliament of England. It required that certain types of contracts, wills, and grants, and assignment or surrender of leases or interest in real property must be in writing and signed to avoid fraud on the court by perjury and subornation of perjury. It also required that documents of the courts be signed and dated.
When the Statute of Frauds was originally enacted, its sections and the clauses within section 4 were not numbered. Numbers where added when the act was republished in the Statutes at Large. The Statute at Large, Cambridge Edition published in 1770 divided the act into 25 sections. The section on the sale of goods was section 17.[2] In The Statutes of the Realm published in 1818, the Statute of Frauds was divided into 24 sections. The section on the sale of goods became section 16.[3] This article uses the same numbering system as the Statutes of the Realm.
Almost all of the statute has been repealed, leaving a line of introductory text and an amended section 4.[4]
Real property
Section 1 provides that all leases, estates, and interest in freehold or term of years created by livery and seisin or parole not in writing signed by the maker shall have the effect as an estate of lease at will.
Section 2 excepts from section 1 all leases not exceeding three years in term where rent equals two thirds of the value of the improved land.
Section 3 provides that all leases, estates, and interest in freehold or term of years assigned granted or surrendered must be by deed or note in writing signed by the grantor or his agent or by operation of law.
Section 7 provides that all conveyances in trusts of land must be in writing signed by the maker or by will.
Section 9 provides that all grants and assignments of trusts in land must be in writing signed by the grantor or by will.
Section 8 excepts from section 7 and 9 trusts that arise or result by implication of construction of law i.e. resulting trusts and constructive trusts.
Sections 1 to 3 and 7 to 9 and 24 were repealed by section 207 of, and Schedule 7 to, the Law of Property Act 1925 (15 & 16 Geo. 5. c. 20). However section 53(1)(a) required that interest in land be created or disposed by a signed writing, a will or operation of law. Section 53(1)(b) requires a declaration of trust in land must be by a signed writing or a will and section 53(1)(c) requires the same disposition of equitable interests and existing trusts. Section 52(2) state that section 53 does not affect the creation or operation of implied, resulting or constructive trusts. Section 54 provides interests in land created by parol and not put in writing and signed have the force and effect of interests at will only except that the lease for 3 years or less at the best rent may be made by parol.
Section 4
Section 4 of the Statute of Frauds[5] provided that an action may not be brought on the following types of contracts unless there is a written note or memorandum signed by the party being charged or a person authorized by them:
Contracts by the executor of a will to pay a debt of the estate with his own money.
Contracts in which one party becomes a surety (acts as guarantor) for another party's debt or other obligation.
Contracts for the transfer of an interest in land.
Contracts that cannot be performed within one year.
This section now provides that contracts of guarantee (surety for another's debt) are unenforceable unless evidenced in writing. This requirement is subject to section 3 of the Mercantile Law Amendment Act 1856 (19 & 20 Vict. c.. 97)[6] which provides that the consideration for the guarantee need not appear in writing or by necessary inference from a written document.
In this section, the words "or upon any contract or sale of lands, tenements or hereditaments or any interest in or concerning them" were repealed by section 207 of, and Schedule 7 to, the Law of Property Act 1925 (15 & 16 Geo. 5. c. 20). However the requirement that contract for sale of land must be in writing was continued by section 40 of that act.[10] Section 40 of the Law of Property Act 1925 was repealed by sections 2(8) and 4 of, and Schedule 2 to, the Law of Property (Miscellaneous Provisions) Act 1989; however, section 2 of that act requires that contracts for the sale of land be signed and in writing.
All the clauses except the one relating to surety contracts were repealed by section 1 of the Law Reform (Enforcement of Contracts) Act 1954 (2 & 3 Eliz. 2. c. 34).[11]
This section does not apply (if it would otherwise do so) in relation to a financial collateral arrangement.[12]
Sections 10 and 11 deal with the execution of judgments upon equitable interests of cestui que trust in land and held free from the incumbrances of the persons seized in trust. Trust shall be pass by descent to the heir of the cestui que trust subject to charges for the oblation of the decedent, but the heir shall not become chargeable of his own estate for the obligations of the decedent.
Section 13[c] and 14 provide that the effective date for judgments against bona fide purchasers for value of land is the date they are docketed and requiring that judgments of the courts enter the date docketed when signing it without a fee.
Section 15 provides that fieri facias or other writs of execution are effective against goods from the date given it is given to the sheriff and the sheriff shall write on the back of it the day, month and year he received it without a fee.
Section 17 provides that recognisances shall bind bona fide purchasers for value of land from the time they are enrolled and requiring that the day month and year of the recognisance be entered on the roll without a fee.
Sections 15 was repealed by the Schedule to the Sale of Goods Act 1893, but section 26 that act continued the requirement that fieri facias or other writs of execution are effective against goods from when they are given to the sheriff and the sheriff shall endorse the writ with the date and time he received it.
Section 16 provided that no contract for the sale of goods for the price of ten pounds sterling or more shall be good except if the buyer shall accept part of the goods and actually receive the same or give some thing in earnest to bind the bargain or in part of payment, or that some note or memorandum in writing of the said contract signed by the parties to be charged by such contract or their authorized agents. This section was amended by section 7 of the Statute of Frauds Amendment Act 1828 (9 Geo. 4. c. 14)[14] to cover goods to be delivered in the future, not yet manufactured, or not yet fit for delivery.
Sections 15 and 16 was repealed by the schedule to the Sale of Goods Act 1893 (56 & 57 Vict. c. 71),[15] although section 16 was substantially re-enacted as section 4 of the 1893 act.
Section 4 of the Sales of Goods Act 1893 was itself repealed by section 2 of the Law Reform (Enforcement of Contracts) Act 1954.[11]
Wills
Section 5 requires that wills devising land be in writing signed by the person devising the property or some other person at his direction, and shall be attested and subscribed in the presence of the said testator by three or four credible witnesses.
Section 6 provides that a gift of land in a will may only be revoked by another will or a codicil or other writing declaring the revocation executed in the same manner as a will is by section 5 or by testator or someone at his direction and in his presence burned, cancelled, torn or obliterated.
Section 1 of the Wills Act 1751 (25 Geo. 2. c. 6) provides that any gift in a will to person witnessing a will is void to the extent his testimony and he is a valid witness to the execution of the will under the Statute of Frauds. Section 2 provides if there gift is a charge on land to pay debts to the witness then the charge stands and the witness is admitted.
Section 12 provides that an estate pur autre vie may devised by will in writing signed by the testator or someone in his presence and at his express direction, attested and subscribed in the testators presence by three of more witnesses. It also provides for estate pur autre vie in cases where no devise is made.
Sections 18 through 20 provide rules for nuncupative (oral) wills for personal estates valued at over 30 pounds may be only made during the last illness of a testator. After six months have passed from the speaking of the will no testimony shall be received to prove a nuncupative will unless the testimony of the substance of it was committed to writing within six days of making the will. A nuncuparative will must be witnessed by three witnesses.
Section 21 provides that a written will in personal property may not be repealed or altered orally except if it is put in writing during the life of the testator and read to him and allowed by him and proven by at least three witnesses.
Section 22 allows soldiers in actual military service and seamenat sea to dispose of their personal property as they might have done before the passage of this act.
So much of this act as related to devises or bequests of lands or tenements, or to the revocation or alteration of any devise in writing of any lands, tenements or hereditaments, or any clause thereof, or to the devise of any estate pur autre vie, or to any such estate being assets, or to nuncupative wills, or to the repeal, altering or changing of any will in writing concerning any goods or chattels or personal estate, or any clause, devise, or bequest therein was repealed by section 2 of the Wills Act 1837 (7 Will. 4 & 1 Vict. c. 26). The marginal note to that section said that the effect of this was to repeal sections 5 and 6 and 12 and 19 to 22.[16]Legislation.gov.uk has this as sections 18 to 21 instead of 19 to 22.[17]
Section 22 was repealed by Part VII of the Schedule to the Statute Law (Repeals) Act 1969 (c. 52). However section 11 of the Wills Act 1837 continues the right of Soldiers and Seamen to dispose of their personal estate as they had previously.
↑ These words are printed against this act in the second column of Schedule 1 to the Short Titles Act 1896, which is headed "Title".
↑ The citation of this act by this short title was authorised by section 1 of, and schedule 1 to, the Short Titles Act 1896. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
↑ This section was divided into two sections in Statutes at Large: section 13 for the whereas clause and section 14 for the enactment clause.
Related Research Articles
A statute of frauds is a form of statute requiring that certain kinds of contracts be memorialized in writing, signed by the party against whom they are to be enforced, with sufficient content to evidence the contract.
A will and testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy.
Wills have a lengthy history.
Estate planning is the process of anticipating and arranging for the management and disposal of a person's estate during the person's life in preparation for future incapacity or death. The planning includes the bequest of assets to heirs, loved ones, and/or charity, and may include minimizing gift, estate, and generation-skipping transfer taxes. Estate planning includes planning for incapacity, reducing or eliminating uncertainties over the administration of a probate, and maximizing the value of the estate by reducing taxes and other expenses. The ultimate goal of estate planning can only be determined by the specific goals of the estate owner, and may be as simple or complex as the owner's wishes and needs directs. Guardians are often designated for minor children and beneficiaries with incapacity.
A holographic will, or olographic testament, is a will and testament which is a holographic document, meaning that it has been entirely handwritten and signed by the testator. Holographic wills have been treated differently by different jurisdictions throughout history. For example, some jurisdictions historically required that a holographic will had to be signed by witnesses attesting to the validity of the testator's signature and intent.
The Statute of Uses was an Act of the Parliament of England that restricted the application of uses in English property law. The Statute ended the practice of creating uses in real property by changing the purely equitable title of beneficiaries of a use into absolute ownership with the right of seisin (possession).
A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator or that the will is otherwise invalid. Will contests generally focus on the assertion that the testator lacked testamentary capacity, was operating under an insane delusion, or was subject to undue influence or fraud. A will may be challenged in its entirety or in part.
In the statutory law of wills and trusts, an attestation clause is a clause that is typically appended to a will, often just below the place of the testator's signature. It is often of the form signed, sealed, published, and declared, a legal quadruplet.
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
The Statute of Wills or Wills Act 1540 was an Act of the Parliament of England. It made it possible, for the first time in post-Conquest English history, for landholders to determine who would inherit their land upon their death by permitting devise by will. Prior to the enactment of this statute, land could be passed by descent only if and when the landholder had competent living relatives who survived him, and it was subject to the rules of primogeniture. When a landholder died without any living relatives, his land would escheat to the Crown. The statute was something of a political compromise between Henry VIII and English landowners, who were growing increasingly frustrated with primogeniture and royal control of land.
The Law of Property Act 1925 is a statute of the United Kingdom Parliament. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to modernise the English law of real property. The Act deals principally with the transfer of freehold or leasehold land by deed.
English property law is the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main topics:
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 (s.3). The act extends to all testamentary dispositions or gifts, where "a person makes a disposition of his property to take effect after his decease, and which is in its own nature ambulatory and revocable during his life." As of 2012, much of it remains in force in England and Wales.
The Short Titles Act 1896 is an act of the Parliament of the United Kingdom. It replaces the Short Titles Act 1892.
The Interpretation Act 1889 was an act of the Parliament of the United Kingdom that consolidated enactments relating to statutory construction and provided definitions to shorten the language used in acts of Parliament.
In English law, secret trusts are a class of trust defined as an arrangement between a testator and a trustee, made to come into force after death, that aims to benefit a person without having been written in a formal will. The property is given to the trustee in the will, and he would then be expected to pass it on to the real beneficiary. For these to be valid, the person seeking to enforce the trust must prove that the testator intended to form a trust, that this intention was communicated to the trustee, and that the trustee accepted his office. There are two types of secret trust — fully secret and half-secret. A fully secret trust is one with no mention in the will whatsoever. In the case of a half-secret trust, the face of the will names the trustee as trustee, but does not give the trust's terms, including the beneficiary. The most important difference lies in communication of the trust: the terms of a half-secret trust must be communicated to the trustee before the execution of the will, whereas in the case of a fully secret trust the terms may be communicated after the execution of the will, as long as this is before the testator's death.
Bold
The Piracy Act 1850, sometimes called the Pirates Repeal Act 1850, is an Act of the Parliament of the United Kingdom. It relates to proceedings for the condemnation of ships and other things taken from pirates and creates an offence of perjury in such proceedings.
The Statute Law Revision Act 1876 was an act of the Parliament of the United Kingdom that substituted references of repealed enactments in various acts with references to non repealed enactments.
Testate succession exists under the law of succession in South Africa.
↑ Pickering, Danby, ed. (1770). The Statutes at Large, from Magna Chart to the End of the Eleventh Parliament of Great Britain, Anno 1761. Vol.3. Cambridge University. pp.385–87.
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
