COMPARATIVE APPROACHES TO THE INTERPRETATION OF WILLS IN SELECTED LEGAL SYSTEMS

Abstract

This article examines comparative approaches to the interpretation of wills in selected legal systems, with particular attention to the persistent tension between testamentary formalism and the imperative to give effect to the testator’s genuine intentions. Building on doctrinal analysis and comparative methodology, the study demonstrates that succession law, traditionally characterized by rigid formal requirements, is undergoing a gradual but discernible transformation toward more context-sensitive interpretative models. The article analyses judicial techniques governing the admissibility of extrinsic evidence, the scope of interpretative discretion, and the evolving role of autonomy of will in both common law and civil law traditions. It is argued that contemporary developments reveal a functional convergence across jurisdictions, whereby formal certainty is increasingly balanced against substantive justice. The findings suggest that rigid exclusionary doctrines no longer adequately respond to the social and normative complexities of modern testamentary practice. The article concludes by assessing the implications of these trends for ongoing civil law reforms, including recodification processes, and by proposing a conceptual framework capable of reconciling legal certainty with intention-oriented interpretation in succession law.