Talk:Will and testament

Title of article should be revised

The title of this article should either be Last will and testament; or simply Wills. The latter generally is preferred; but the salient point in any case is that the document records you last will, in the original sense of the verb and noun.

The title perhaps should be "Will (law)". There apparently was a redirect from "Will(law)" (no space) but I don't know the history and the issue with that redirect may have been the absence of a space. Arllaw (talk) 22:50, 24 April 2024 (UTC)

Inappropriate link

The link to Rockwill seems totally inappropriate.

This appears to be resolved. Arllaw (talk) 22:43, 24 April 2024 (UTC)

Video wills?

The article mentions holographic wills and dictated wills, but what about video wills? They've been around for decades now! It seems like it would be hard to claim that a video will doesn't reflect the intentions of the maker, so they should be at least as valid as holographic wills, but what does the law actually say? Critterkeeper (talk) 03:54, 26 June 2023 (UTC)

The answer to that depends upon the jurisdiction. In the jurisdictions I'm familiar with, the concept of a video will is a bit of a misnomer, with its being a video that should be prepared and presented in association with a written will that meets the requirements of state law. It may be a subtopic worth developing, if somebody wants to take it on and can find appropriate sources. Arllaw (talk) 22:45, 24 April 2024 (UTC)

"Will(law)" listed at Redirects for discussion

The redirect Will(law) has been listed at redirects for discussion to determine whether its use and function meets the redirect guidelines. Readers of this page are welcome to comment on this redirect at Wikipedia:Redirects for discussion/Log/2023 November 15 § Will(law) until a consensus is reached. Steel1943 (talk) 21:13, 15 November 2023 (UTC)

This appears to have been resolved with the deletion of the redirect. Arllaw (talk) 22:45, 24 April 2024 (UTC)

Common law / continental law

This article is part of the “Common Law” series, though the title itself does not indicate this.

For readers unfamiliar with legal systems: common law and continental (civil) law are two major traditions with fundamental differences. Common law, originating in England, relies heavily on judicial decisions and precedents, while continental law, rooted in ancient Roman law, is based on codified rules and a deductive approach to reasoning. Common law systems are known in for example the United States, England and Canada outside Quebec.

There is a significant difference in succession and inheritance law between the two systems. Under continental law, heirs automatically acquire ownership of the deceased’s estate immediately upon death. No formal deed or court approval is needed; the transfer happens by operation of law. This rule is called saisine,

The principle of saisine is generally not recognized in common law systems. Instead:

• An executor or administrator is appointed to manage the estate.
• The estate typically goes through probate or a similar legal process before heirs can claim ownership.
• Ownership only transfers formally when the executor distributes the assets according to the will or intestacy laws.

For these reasons, my proposal is to work together on structuring this article to meet international standards, with separate sections for common law, continental law, and other major legal systems. Later, more focused sub-articles could be created, such as “Testament and Will (Common Law)” and “Testament and Will (Continental Law).

I see there is no article that explains the principle of saisine. I will start one.

Happy to hear feedback. Kevin Bouwens (talk) 06:29, 26 October 2025 (UTC)