Wills Formalities versus Testator’s Intention

In recent years in particular, as a result of the very rapid development of various technologies, the phenomenon of so-called informal wills has appeared on a large scale in the practice of succession law. These are wills made by testators who, when disposing of their assets in the event of their de...

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Glavni autor: Załucki, Mariusz
Format: Online
Jezik:engleski
Izdano: 2021
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author Załucki, Mariusz
author_browse Załucki, Mariusz
author_facet Załucki, Mariusz
author_sort Załucki, Mariusz
collection Directory of Open Access Books
description In recent years in particular, as a result of the very rapid development of various technologies, the phenomenon of so-called informal wills has appeared on a large scale in the practice of succession law. These are wills made by testators who, when disposing of their assets in the event of their death, do not make use of the forms of will provided for by the law. This is most often the result of ignorance or confusion as to the admissibility of a particular method of disposing of assets in the event of their death. In the light of the relevant provisions such a will is frequently invalid. Despite clear and convincing evidence and testation intentions, the testator's last will does not produce any legal effects regarding his estate. The inappropriateness of this kind of solutions was shown, among others, during the COVID-19 pandemic, when the need for making last wills has increased significantly, and has rarely been executed in a manner consistent with the formalities. Therefore, the main objective of this work is to design such a normative solution which could function in the provisions of succession law as one that constructs the legal figure of the form of a will.
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spelling doab-20.500.12854ir-707072022-01-31T20:56:48Z Wills Formalities versus Testator’s Intention Załucki, Mariusz LNW,LBHG,1QFE In recent years in particular, as a result of the very rapid development of various technologies, the phenomenon of so-called informal wills has appeared on a large scale in the practice of succession law. These are wills made by testators who, when disposing of their assets in the event of their death, do not make use of the forms of will provided for by the law. This is most often the result of ignorance or confusion as to the admissibility of a particular method of disposing of assets in the event of their death. In the light of the relevant provisions such a will is frequently invalid. Despite clear and convincing evidence and testation intentions, the testator's last will does not produce any legal effects regarding his estate. The inappropriateness of this kind of solutions was shown, among others, during the COVID-19 pandemic, when the need for making last wills has increased significantly, and has rarely been executed in a manner consistent with the formalities. Therefore, the main objective of this work is to design such a normative solution which could function in the provisions of succession law as one that constructs the legal figure of the form of a will. Published In recent years in particular, as a result of the very rapid development of various technologies, the phenomenon of so-called informal wills has appeared on a large scale in the practice of succession law. These are wills made by testators who, when disposing of their assets in the event of their death, do not make use of the forms of will provided for by the law. This is most often the result of ignorance or confusion as to the admissibility of a particular method of disposing of assets in the event of their death. In the light of the relevant provisions such a will is frequently invalid. Despite clear and convincing evidence and testation intentions, the testator's last will does not produce any legal effects regarding his estate. The inappropriateness of this kind of solutions was shown, among others, during the COVID-19 pandemic, when the need for making last wills has increased significantly, and has rarely been executed in a manner consistent with the formalities. Therefore, the main objective of this work is to design such a normative solution which could function in the provisions of succession law as one that constructs the legal figure of the form of a will. 2021-06-10T13:42:18Z 2021-06-10T13:42:18Z 2021-06-11 book 978-3-7489-2472-2 https://directory.doabooks.org/handle/20.500.12854/70707 eng image/png Attribution-NonCommercial-NoDerivatives 4.0 International https://www.nomos-shop.de/nomos/titel/wills-formalities-versus-testators-intention-id-98931/ https://doi.org/10.5771/9783748924722 doi.org/10.5771/9783748924722 In recent years in particular, as a result of the very rapid development of various technologies, the phenomenon of so-called informal wills has appeared on a large scale in the practice of succession law. These are wills made by testators who, when disposing of their assets in the event of their death, do not make use of the forms of will provided for by the law. This is most often the result of ignorance or confusion as to the admissibility of a particular method of disposing of assets in the event of their death. In the light of the relevant provisions such a will is frequently invalid. Despite clear and convincing evidence and testation intentions, the testator's last will does not produce any legal effects regarding his estate. The inappropriateness of this kind of solutions was shown, among others, during the COVID-19 pandemic, when the need for making last wills has increased significantly, and has rarely been executed in a manner consistent with the formalities. Therefore, the main objective of this work is to design such a normative solution which could function in the provisions of succession law as one that constructs the legal figure of the form of a will. doi.org/10.5771/9783748924722 978-3-7489-2472-2 204 Baden-Baden open access
spellingShingle LNW,LBHG,1QFE
Załucki, Mariusz
Wills Formalities versus Testator’s Intention
title Wills Formalities versus Testator’s Intention
title_full Wills Formalities versus Testator’s Intention
title_fullStr Wills Formalities versus Testator’s Intention
title_full_unstemmed Wills Formalities versus Testator’s Intention
title_short Wills Formalities versus Testator’s Intention
title_sort wills formalities versus testator s intention
topic LNW,LBHG,1QFE
topic_facet LNW,LBHG,1QFE
url https://directory.doabooks.org/handle/20.500.12854/70707
work_keys_str_mv AT załuckimariusz willsformalitiesversustestatorsintention