Relaxed Formalism: Judicial Validation of Wills and Testaments

Abstract:     
This Article analyzes the probative standard set by Section 25 of the Succession Law, which, provided that certain basic conditions are met, enables the validation of flawed wills. The Article presents the position taken by the Supreme Court, according to which Section 25 requires that prior to its validation, the authenticity of a will be proven beyond any doubt. This standard is criticized as impracticable and normatively flawed, as is another standard, suggested by some Supreme Court Justices, which would impose on those wishing to validate a flawed will a standard of proof similar to that required in criminal law.

Number of Pages in PDF File: 37

Keywords: Wills, flawed validation, probative standard, disutility equation, Judicial discretion

JEL Classification: K14, K40, K41

working papers series