A will is a formal document, by which a person, called testator, institutes one or more successors, so that they ensure the execution of his will after his death. To be valid, certain form conditions are required because the will is a solemn writ. Besides these conditions, the legislator adds some more for each type of will.

From this point of view, there are three categories of will:

• Ordinary or common wills: handwritten will, authentic will secret/mystic will.
• Extraordinary or privileged wills: military will, marine will, a will made during a contagious disease.
• Simplified forms of will, especially allowed by the lawgiver, like those concerning money deposits according to special settlements.

The handwritten will is valid only if it is written, dated and signed by the testator’s hand. Its advantages are that it is easy and accessible to any literate person; it can be written anywhere and anytime, without witnesses. It doesn’t need any expense for editing. As disadvantages, it can be easily destroyed or stolen after the testator’s death. It can contain confusing or contradictory formulations.

The hand writing can be achieved with any instrument (ink, crayon, paste, paint, coal) and on any material (paper, cloth, wood, plastic, glass), in any language (even dead, like Latin).

Authentic will

This is the will authenticated by a public notary. This is a public authority writ, so its proving force is much stronger, because it’s containing is checked by a notary. Also, it is available for those who can’t read or write and don’t have access to the first type.

As inconveniences we mention the fact that it requires expenses and time loss, by complying with all formalities, and it doesn’t ensure the secret as good as the handwritten will.

Mystic will

Mystic/Secret will is written by the testator or another person, but signed by him and presented to the court for effectuating overprinting formalities, settled by law. It is an intermediary form between the handwritten and authentic will. It borrows the pros and cons of both. It is almost unused in practice.

The origin of the word “testament” is Latin, meaning “to assign”.

The testator can assign testamentary executors, who make sure his dispositions are being accomplished. The will is essentially revocable. Until the last moment the testator can revoke or modify his dispositions, this being an absolute right.

The testator must meet some conditions though: he must express a valid consent, he must have capacity to entail, the will object must be possible and licit, and its cause must be licit and moral.

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