Abstract
Will formalities are central to the validity of wills. They are intended to provide reliable evidence of the testator's wishes, caution against forgery, fraud, or undue influence, and impress upon the testator the significance of making a will. But insistence on strict compliance with the formalities invalidates wills that courts are satisfied the testator intended to operate. It undermines testamentary freedom. To mitigate that outcome, some jurisdictions empower the courts to excuse non-compliance if there is reliable evidence that a document expresses the deceased's testamentary intentions. The Australian and New Zealand experience shows the effectiveness and reliability of their dispensing powers. Apart from a document, all other formalities can be, and are regularly, excused. This calls into question which formalities, if any, are needed, particularly with the rise of digital wills and digital execution.