One of the fundamental principles of inheritance law is testamentary freedom, which ensures that the testator
can determine the heirs and distribute most of
the property as he sees fit, regardless of intestate succession. To do so, he must adhere to certain requirements regarding the content
of testamentary disposi- tions and will formalities. According to the rule of strict compliance, only wills made in one
of the legally prescribed forms are valid. Exceptionally, in some common law
countries, a will that does not meet all formalities may also be valid. An
exception from the strict rules is provided by the doctrine of harm- less error
and the doctrine of substantial compliance, which instead of forma ad
valorem emphasise the testator’s true intention. The aforementioned rules are enacted in many countries and provide the courts with a starting
point on which the latter can legally argue their decision.
They were used both in cases
in which the courts corrected mistakes regarding witnesses or signatures in
written forms of the will, as well as in cases where the testator wrote the
will in electronic form. The continental legal order does not have these exceptions, but doctrines, if enacted,
could aid in the realisation of the testator’s true will.
Key words: will, will formalities, strict
compliance, doctrine of harmless error, doctrine of substantial
compliance, electronic will.