Prior to 1540, only testaments were written as opposed to wills. The term testament means the dispositions of property and the term will means the divisions of property. It was not required until 1540 because the laws at the time determined the division of the estate, therefore wills were unnecessary.
Who could make wills? Mostly only wealthy people with property to leave to heirs would make wills, however boys as young as 14 years old and girls as young as 12 years old were permitted to create a will.
--Gayla Mendenhall