ВО ЈНИЧКИ ТЕСТАМЕНТ
SOLDIER’S WILL

Summary/Abstract: Soldier’s wills have long remained in the sphere of emergency situations in general. They made possible for the testator to make the statement of his last will with less formalities than in ordinary, normal circumstances, and even to express it verbally. Long and difficult wars have influenced the lawmaker to make special regulations for the soldier’s will. But, mobilization, war and cruel reality in our conditions cause great challenge for such regulations in Yugoslav law. This form of will is classified into emergency wills and it is made for a person on military duty (this may be a woman, too) by the corresponding superior, in case of mobilization or war, regardless of whether such person is in the front-line or in the rear lines, who is an active member of the army, an officer, member of reserve forces or a volunteer. The requirement of the law that the superior should make the will is not in accordance with war situations, which may, for instance, dictate that a medical doctor, even not being an officer, makes a will for a wounded or sick soldier. The inheritance laws do not regulate the procedure for making a will (for instance, keeping it safe), its validity in case of the testator loosing his business capacity during the war, etc. Before the lawmaker attempts to regulate more completely the soldier’s will subject matter, the present-day precepts should be interpreted in a more extensive manner.

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