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However, a historical perspective demonstrates that there is a slow but continuous shift away from strict formalism. Yet legislative intervention is compulsory to ensure that succession law is in harmony with the latest technological developments of the era. We argue that de lege ferenda , legal order should allow testators to execute audiovisual wills through electronic means of communication.
Within this stance, the option of audiovisual wills should not be restricted to cases of emergency. Everyone should be allowed to make an audiovisual will at any time, and such wills should not be automatically terminated if the testator is still alive after a specific time following the execution of the will. However, one needs a feasible and secure system that will ensure that audiovisual wills bestow the functions of testamentary formalities. Accordingly, we propose that each state create a digital registry.
Testators could upload their audiovisual wills to such a registry, and these wills could be shared directly with competent public authorities. One can create legal results and bind himself just by declaring his intent. This leads to the freedom of form, which states that the declaration of intent could be made in any form of communication, including oral. However, sometimes the law regards the form of declaration as equally important to the will itself, perhaps even more important than the will.
In many legal systems, testaments need to be handwritten or notarised. Sometimes the law requires that one or more witnesses join the ceremony of execution of the testament. Otherwise, the testament would be invalid.
