ABSTRACT
In succession law, the formalism of legal acts has grown to its limits. There is a rule in all democratic legal systems according to which only a will created in accordance with the framework set by the legislator can cause legal effects. The task of such regulations is described by the doctrine in four functions: evidentiary, protective, cautionary and channelling. The significance of each of these functions is different, as is its place in individual legislation. The author examines the evidentiary function, commonly mentioned as the most important, and explains that this function can be constructed differently in individual countries’ legislation on succession since legislators can shape their own legal reality according to their own discretion and needs. This creates, among other things, doubts as to whether diverse solutions of the last wills’ formalities in various legal systems influence the execution of the aforementioned function in any way, and whether the formalism in succession law is still necessary and the evidentiary function continues to fulfil its role.
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Mariusz Załucki, Evidentiary function of the provisions on the form of wills in the contemporary succession law: is the complete abandonment of formalism possible?, Trusts and Trustees, https://doi.org/10.1093/tandt/ttaa080. Published: 4 October 2020.
First posted 2020-10-11 19:27:52
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