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Certain patterns emerge from the preceding chapters. Only three types of will are at all common. Two are private: the holograph will and the witnessed will. The third, the notarial will, is public. And whereas in common law jurisdictions only the witnessed will is usually recognized, in the civil law world there is often a choice between notarial wills and one of the private wills, usually the holograph will. In addition to these ‘ordinary’ wills, many systems provide for one or more ‘special’ wills such as emergency wills or wills made on board a ship or aircraft. This chapter considers the history of each will type, discusses the current state of the law, and traces the gradual retreat from formalities and from formalism itself. A final section evaluates each will type against a set of seven ‘virtues’ (cautionary, protective, facilitative, cheapness, secrecy, discoverability, and evidentiary), and offers some more general conclusions.

This chapter traces the history of the ordinary as well as extra-ordinary will types in German law. It commences with an analysis of private wills in 19th-century Germany and relates the debates surrounding the introduction — at the last conceivable moment and against protracted opposition — of the holograph will into the BGB. Yet, judicial experience with it in the first four decades of the 20th century was anything but encouraging. The problems were solved, eventually, by legislative reform: the Testamentsgesetz of 1938 laid the foundations of the holograph will as it has come to be established as a generally accepted part of modern German law. The chapter analyses the way in which modern courts and writers interpret the form requirements of the holograph will. It then traces the development of public wills, of emergency wills, and of wills made during a sea voyage in German law.

This chapter gives an overview of formality requirements for testamentary dispositions in Italian law, both from a historical and a comparative perspective. Italian inheritance law is deeply rooted in French law and the provisions concerning formalities therefore resemble those of the French Civil Code (as entered in to force in 1804). As well as ordinary wills, including holograph and notarial wills (whether public or secret), the Italian legal system also recognises a number of special wills as well as international wills. The chapter examines the requirements for each of these different types of will, discusses their popularity, and compares their pros and cons. It further outlines the impact of defects of form requirements on the validity of wills and considers the approach of the Italian courts to such defects. Finally, it shows that unlike in some other European countries, in Italy, the number of wills has decreased whereas will-substitutes have become more and more popular.

This chapter shows that the law on testamentary formalities in the Latin American countries is historically rooted in the European ius commune and that it has preserved this tradition to a remarkable extent until today. Ordinary wills must be made in writing, either before a notary and witnesses (public will), or before witnesses alone (private will). The recognition of holograph wills on the other hand is still rather limited. As testacy rates are generally low, legislatures seem to have felt little pressure to adapt to the necessities of modern times. At the same time, there is a slow, but clearly perceptible trend towards the relaxation of formal requirements, which is also supported by court practice.

This chapter discusses major trends and significant minority positions, in addition to the philosophies and historical explanations behind the law of testamentary formalities in the United States. It covers the importance of the signature of the testator, attested wills, holograph wills, special wills, the movement away from strict compliance, and incorporation by reference and alterations.

This chapter begins with a review of the historical development of testamentary formalities in Poland. It then discusses modern law, holograph wills, notarial wills, allograph wills, emergency wills, and recodification.