Legal history of wills

Wills have a lengthy history.

The Ancient Greek practice concerning wills was not the same in all places; some states permitted men to dispose of their estates, others wholly deprived them of that privilege. According to Plutarch, Solon "is much commended for his law concerning wills; for before his time no man was allowed to make any, but all the wealth of deceased persons belonged to their families; but he permitted them to bestow it on whom they pleased, esteeming friendship a stronger tie than kindred, and affection than necessity, and thus put every man's estate in the disposal of the possessor; yet he allowed not all sorts of wills, but required the following conditions in all persons that made them:

Wills were usually signed before several witnesses, who put seals to them for confirmation, then placed them in the hands of trustees, who were obliged to see them performed. At Athens, some of the magistrates were very often present at the making of wills. Sometimes the archons were also present. Sometimes the testator declared his will before sufficient witnesses, without committing it to writing. Thus Callias, fearing to be cut off by a wicked conspiracy, is said to have made an open declaration of his will before the popular assembly at Athens. There were several copies of wills in Diogenes Laertius, as those of Aristotle, Lyco of Troas, and Theophrastus; whence it appears they had a common form, beginning with a wish for life and health."

The development of Roman law furthered the modern understanding of wills and serves as the foundation to the inheritance law of many European countries, greatly aided later by canon law.

The early Roman will differed from the modern will in important respects. It was effectual during the lifetime of the person who made it; it was made in public ; all knew of the legator's intentions, the testator declaring his will in the presence of seven witnesses; and it could not be changed – these they called nuncupative wills; but the danger of trusting the will of the deceased to the memory of the living soon abolished these; and all wills were ordered to be in writing.

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