Because legal matters concerning tenements in the city are governed by city custom and city courts (as is the case in London and other boroughs) and because such tenements can be freely bequeathed, probate of the last testament of persons bequeathing these tenements is to be made before the bailiffs in the city court, immediately following probate in ecclesiastical court (concerned with disposition of moveable goods). No executor may have administration of any bequeathed tenement until probate in city court makes public the bequests, legatees and conditions governing the bequests. To protect the rights of legatees, testamentary clauses referring to tenements are to be enrolled in the court records, and record of probate is to be made on the dorse of the testament by the bailiffs' clerk. Note that a tenement which descends, or reverts, hereditarily cannot be bequeathed; any such bequest will not be allowed if against the interests of the testator's heir. However, if the heir sells or gives the tenement to anyone, the acquirer may freely bequeath it (as he may any property that he has acquired) without any future challenge.

[Strictly speaking, the will was the document that dealt with real estate, while the testament bequeathed personal effects and other moveables. However, the distinction was not always maintained, and both types of bequest might be combined in a single "will and testament".]