Wills, Trusts & Estates

Freedom of Disposition
The conception of the freedom of disposition by will, familiar as it is in modern England
and the United States, both generally considered common law systems, is by no means
universal. In fact, complete freedom is the exception rather than the rule. Civil law
systems often put some restrictions on the possibilities of disposal; see for example
"Forced heirship".
Advocates for gays and lesbians have pointed to the inheritance rights of spouses as
desirable for same-sex couples as well, through same-sex marriage or civil unions.
Opponents of such advocacy rebut this claim by pointing to the ability of same-sex
couples to disperse their assets by will. Historically, however, it was observed that
"[e]ven if a same-sex partner executes a will, there is risk that the survivor will face
prejudice in court when disgruntled heirs challenge the will", with courts being more
willing to strike down wills leaving property to a same-sex partner on such grounds as
incapacity or undue influence.
Types of Wills
Types of wills generally include:
Nuncupative (Non-Culpatory) - oral or dictated; often limited to sailors or military
personnel.
Holographic Will - written in the hand of the testator; in many jurisdictions, the
signature and the material terms of the holographic will must be in the
handwriting of the testator.
Self-Proved - in solemn form with affidavits of subscribing witnesses to avoid
probate.
Notarial - will in public form and prepared by a civil-law notary (civil-law
jurisdictions and Louisiana, United States).
Mystic - sealed until death.
Serviceman's Will - will of person in active-duty military service and usually
lacking certain formalities, particularly under English law.
Reciprocal/Mirror/Mutual/Husband And Wife Wills - wills made by two or more
parties (typically spouses) that make similar or identical provisions in favor of
each other.
Unsolemn Will - will in which the executor is unnamed.
Will In Solemn Form - signed by testator and witnesses.
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