The Statute of Frauds (29 Car 2 c 3) (1677) was an
Act of the
Parliament of England
The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advise ...
. It required that certain types of
contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
s,
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.
The attested date for the enactment of the Statute of Frauds is 16 April 1677 (
New Style).
The Act is believed to have been primarily drafted by
Lord Nottingham assisted by Sir
Matthew Hale, Sir
Francis North and Sir
Leoline Jenkins
Sir Leoline Jenkins (1625 – 1 September 1685) was a Welsh academic, diplomat involved in the negotiation of international treaties (e.g. Nimègue), jurist and politician. He was a clerical lawyer who served as Judge of the High Court of Admi ...
.
When the Statute of Frauds was originally enacted, its sections and the clauses within section 4 were not numbered.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. 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. 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Almost all of the statute has been repealed, leaving a line of introductory text and an amended section 4.
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
The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies wi ...
.
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, an
Schedule 7to, the
Law of Property Act 1925 (15 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 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
Debt is an obligation that requires one party, the debtor, to pay money or other agreed-upon value to another party, the creditor. Debt is a deferred payment, or series of payments, which differentiates it from an immediate purchase. The ...
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 in consideration of
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
.
# Contracts for the transfer of an interest in
land.
# Contracts that cannot be performed within one
year
A year or annus is the orbital period of a planetary body, for example, the Earth, moving in its orbit around the Sun. Due to the Earth's axial tilt, the course of a year sees the passing of the seasons, marked by change in weather, the h ...
.
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) which provides that the consideration for the guarantee need not appear in writing or by necessary inference from a written document.
Section 6 of the
Statute of Frauds Amendment Act 1828 (9 Geo 4 c 14) (commonly known as Lord Tenterden's Act) was enacted to prevent clause 2 section 4 being circumvented by bringing an action for the
tort of deceit (the tort in ''Freeman v. Palsey'').
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 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. 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
The Law of Property (Miscellaneous Provisions) Act 1989 (c 34) is a United Kingdom Act of Parliament, which laid down a number of significant revisions to English property law.
Nature of reforms
The Act introduced several distinct reforms:
:* ...
; 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).
This section does not apply (if it would otherwise do so) in relation to a financial collateral arrangement.
In 1937, the
Law Revision Committee recommended that this section be repealed.
Court procedure
Sections 10 and 11 deal with the execution of
judgments
Judgement (or US spelling judgment) is also known as ''adjudication'', which means the evaluation of evidence to make a decision. Judgement is also the ability to make considered decisions. The term has at least five distinct uses. Aristotl ...
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 and 14 provide that the effective date for
judgments
Judgement (or US spelling judgment) is also known as ''adjudication'', which means the evaluation of evidence to make a decision. Judgement is also the ability to make considered decisions. The term has at least five distinct uses. Aristotl ...
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
recognisance
In some common law nations, a recognizance is a conditional pledge of money undertaken by a person before a court which, if the person defaults, the person or their sureties will forfeit that sum. It is an obligation of record, entered into befor ...
s 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.
Section 23 preserves the
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
J ...
of
ecclesiastical courts
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than ...
to
probate wills in personal property subject to the rules of this statute.
Court of Probate Act 1857
The Court of Probate Act 1857 (20 & 21 Vict. c. 77) was an Act of the Parliament of the United Kingdom. It transferred responsibility for the granting of probate, and letters of administration, from the ecclesiastical courts of England and Wales ...
(20 & 21 Vict c 77) transferred responsibility for the granting of
probate from the
ecclesiastical courts of
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
to a new civil
Court of Probate
In the history of the courts of England and Wales, the Court of Probate was created by the Court of Probate Act 1857, which transferred the jurisdiction of the ecclesiastical courts in testamentary matters to the new court so created.
The Jud ...
in January 1858.
Section 24 proves that the husband may be the
administrator
Administrator or admin may refer to:
Job roles Computing and internet
* Database administrator, a person who is responsible for the environmental aspects of a database
* Forum administrator, one who oversees discussions on an Internet forum
* N ...
of the
intestate estate of a married woman as before the
Statute of Distribution (22 & 23 Car 2 c 10).
Sections 13 and 14 were repealed by Part I of the Schedule to the
Civil Procedure Acts Repeal Act 1879
The Civil Procedure Acts Repeal Act 1879 ( 42 & 43 Vict. c. 59) is an Act of the Parliament of the United Kingdom. It is a public general Act. The Bill for this Act was the Civil Procedure Acts Repeal Bill.
This Act was repealed by section 1 o ...
(42 & 43 Vict. c 59).
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 17 was repealed by the Schedule to the
Statute Law Revision and Civil Procedure Act 1881 (44 & 45 Vict. c. 59).
Sections 10 and 11 and 23 and 24, so far as unrepealed, were repealed by section 56 of, and Part I o
Schedule 2to the
Administration of Estates Act 1925
The Administration of Estates Act 1925 is an Act passed in 1925 by the British Parliament that consolidated, reformed, and simplified the rules relating to the administration of estates in England and Wales.
Principal reforms
All authority tha ...
(15 & 16 Geo 5 c 23). Section 24 was also repealed by section 207 of, and Schedule 7 to, the
Law of Property Act 1925 (15 Geo 5 c 20).
Section 16: Sales of goods
Section 16 provided that no contract for the sale of
goods
In economics, goods are items that satisfy human wants
and provide utility, for example, to a consumer making a purchase of a satisfying product. A common distinction is made between goods which are transferable, and services, which are not ...
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) 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), 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.
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 witness
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
es.
Section 6 provides that a gift of land in a will may only be revoked by another will or a
codicil
Codicil may refer to:
* Codicil (will), subsequent change or modification of terms made and appended to an existing trust or will and testament
* A modification of terms made and appended to an existing constitution, treaty, or standard form con ...
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 In property law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including i ...
'' 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 16 of the
Administration of Justice Act 1705 (4 & 5 Ann c 3) provided that any witness who could testify in court could witness a nuncuparative will.
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
soldier
A soldier is a person who is a member of an army. A soldier can be a Conscription, conscripted or volunteer Enlisted rank, enlisted person, a non-commissioned officer, or an Officer (armed forces), officer.
Etymology
The word ''soldier'' deri ...
s in actual
military service and
seamen at 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 (1 Vic
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.
Legislation.gov.uk has this as sections 18 to 21 instead of 19 to 22.
Legislation.gov.uk
/ref>
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.
See also
* Statute of frauds
* Statute of Uses
* Statute of Wills
References
* Halsbury's Statutes,
External links
The Statute of Frauds
as amended, from Legislation.gov.uk.
Statute of Fraud 1677 as originally enacted
*
{{UK legislation
Acts of the Parliament of England
English property law
English contract law
English trusts law
1677 in law
Civil procedure
1677 in England
Wills and trusts in the United Kingdom
Fraud in England