Types of wills: a comparative legal analysis

Abstract

The article states that by means of a will, a person (the testator) can determine in advance the disposition of all or part of their property and thereby avoid a number of problems in the future. The right to make a will may be exercised throughout a person’s lifetime and includes both the right to draft one or more wills and the right to amend or revoke them.

The purpose of this study is to conduct a comparative legal analysis of the types of wills under the civil laws of Ukraine and certain European countries, and to identify common and distinguishing features based on the analyzed legislation.

The methodology of this study involves a comprehensive analysis of the civil legislation of Ukraine, the United Kingdom, Germany, Italy, France, and Poland, specifically focusing on the provisions of inheritance law regarding the types of wills and their characteristics. The study employs an analysis of legal literature, particularly civil codes, as well as comparative and systemic approaches to the examination of will types.

It is noted that the civil legislation of each country defines its own specific features regarding wills, which may share common traits with Ukrainian law or be radically different, incomprehensible, or even strange. At the same time, however, wills play an important role in the institution of inheritance law, and the experience of foreign countries can be useful in the process of reforming national civil legislation.

The article provides a detailed analysis of the legislation of foreign countries, and based on the results of this legal analysis, conclusions are drawn regarding the common and distinguishing features of existing classifications of wills. It is noted that the classification of wills in the Civil Code of Ukraine differs most radically from that of the United Kingdom. The existence of trust wills, living wills, and statutory wills is particularly uncommon in our legal system. Furthermore, holographic wills are absent in Ukraine (unlike in Poland, Germany, France, and Italy), and there is no practical need to introduce them. Notarized wills – also known as public wills – are characteristic of all the countries studied, as well as Ukraine. Another common feature is the existence of joint wills and secret wills.