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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 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 analyses the legal development of testamentary formalities in the eight Australian states and territories, and in New Zealand since colonisation. While the laws in these jurisdictions trace their origins to English law and the rigid formality of the Imperial Wills Act 1837, the current law is more relaxed and no longer requires strict compliance with testamentary formalities. The chapter explores gradual changes in the law, the move towards uniform succession laws in the Australian jurisdictions and, in particular, the Court's power in both countries to excuse any of the testamentary formalities aside from the need for a document. Slight differences in the wording of this power may allow non-compliant wills to be validated more readily in New Zealand than in Australia.

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 examines the legal system of Portugal: the civil law system which is based on the Portuguese Civil Code and other legislation. It starts with a brief description of formalities for different types of will, stating that wills must be made in writing and to be valid and enforceable they must have the intervention of a notary. The chapter elaborates on the two types of will: common and special. In cases of intestacy, this chapter presents the order of succession: first, spouse and descendants; secondly, spouse and ancestors; thirdly, brothers and/or sisters and their descendants; fourthly, other collateral related up to the fourth degree; fifthly, the state. It argues that a person is deemed to have died intestate if he or she did not dispose (in whole or in part) of his or her property, or if the stipulations are considered null and void. Ultimately, the chapter considers compulsory legal heirs under Portuguese law. These heirs are entitled in accordance with the intestacy rules stated to a compulsory share of the inheritance. It also analyzes maintenance and the concept of community property between husband and wife and the maintenance.

This chapter highlights that Mexico is a federal republic comprised of 32 states. Each state has its own laws that are applicable to wills, probate, and intestate proceedings, contained in their respective constitutions, civil codes, and code of civil procedures. The chapter then presents the types of wills that are recognized in Mexico, divided into two categories: ordinary and special. It also investigates the amendment, revocation, and revival of wills, methods of codicils, and how are wills affected by Civil Partnerships between same-sex couples under Mexican law. Ultimately, this chapter addresses the order of succession in cases of intestacy, noting that in some jurisdictions, the surviving spouse will receive a share equal to that of the children if a spouse survives the deceased along with the deceased’s children. In other jurisdictions, if the surviving spouse owned property of value equal to or greater than the children’s portions, the spouse does not inherit anything. It also considers compulsory shares or forced heirship rules, community property, and joint ownership in Mexico.