Review of Reviews: “Testamentary Transfers and the Intent versus Formalities Debate: The Case for a Charitable Middle Ground,” U. Kan. L. Rev. (forthcoming)Review of Reviews: “Testamentary Transfers and the Intent versus Formalities Debate: The Case for a Charitable Middle Ground,” U. Kan. L. Rev. (forthcoming)

Let’s start with a quiz. True or False? In medieval England, wills could be made by a nod of the head. In his marvelous romp through the origins and history of “will formalities,” Professor Wendel tells us that the answer to this quiz question is “True.” Only in 1540 did Parliament adopt the Statute of Wills that required wills devising land to be in writing; oral wills could still dispose of chattels. Even then, there were no other required formalities, and only much later, with the English Wills Act of 1837, did Parliament adopt formalities similar to those we’re familiar with today.

All well and good the reader might say, but why ought we pay any attention to this saga? Prof. Wendel wants us to pay attention because of what he describe...