A will may not include a requirement that an heir commit an illegal, immoral, or other act against public policy as a condition of receipt. In community property jurisdictions, a will cannot be used to disinherit a surviving spouse, who is entitled to at least a portion of the testator's estate. In England, a will may disinherit a spouse, but close relations, including spouses, excluded from a will may apply to the court for provision to be made for them at the court's discretion. For more information visit Adviceguide from Citizens Advice.
Types of wills generally include:
- Nuncupative (non-culpatory) will - oral or dictated; often limited to sailors or military personnel
- holographic will - written in the hand of the testator; in many jurisdictions, the signature and the material terms of the holographic will must be in the handwriting of the testator.
- self-proved will - in solemn form with affidavits of subscribing witnesses to avoid probate
- notarial will - will in public form and prepared by a civil-law notary (civil-law jurisdictions and Louisiana, United States)
- mystic will - sealed until death
- serviceman's will - will of person in active-duty military service and usually lacking certain formalities, particularly under English law. For more information visit The National Servicemen's Association and the National Ex-Services Association.
- reciprocal/mirror/mutual/husband and wife wills - wills made by two or more parties (typically spouses) that make similar or identical provisions in favor of each other
- unsolemn will - will in which the executor is unnamed
- will in solemn form - signed by testator and witnesses
