Download This PaperAbout the Need to Adjust the Regulations Regarding the Form of Will to the Modern Requirements
13 Pages Posted: 27 May 2020
Date Written: April 29, 2020
Abstract
A will is a traditional instrument for disposing of property in the event of death. Model solutions of this kind date back to Roman times, which survived thousands of years and are still, in a slightly modified form, in the legal regulations of individual states. However, recent years have been a period of intensive development of new technologies. Against this background, the question arises as to whether or not instruments linked to new technologies can be used by testators to dispose of their property in the event of death, and whether or not there is a need to do so, and whether inheritance law based on Roman tradition fulfils its role. This has become the subject of research in which the author tries to demonstrate the need to adapt the testamentary formalities to the requirements of modern times. The aim of the study is to present the challenges posed by technological possibilities in the area of wills and to consider whether the legislators should take into account technological changes and related social needs in the inheritance law. In this connection, the author describes the issues that took place in selected countries which concerned the preparation of wills using technological benefits and, contrary to the current requirements as to the form of preparation of wills, presents how individual legislators coped with the emerging problems in this area. In his dogmatic and comparative legal analysis, he tries to answer the question of the need to adapt the formal requirements accompanying the drafting of wills to the technological requirements.
Keywords: wills, form, formalities, testamentary formalities, wills formalities
JEL Classification: K10, K11, K36
Suggested Citation: Suggested Citation