Subject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: holographic will; writing; testator’s signature; date of the will.
Summary/Abstract: In this paper, the author analyses the procedural provisions for making holographic will. A holographic will is will that is handwritten and signed by the testator. This will are one of the most common form of last will and testament. The author presents and calls attention to the most substantial problems that exist in theory and practice. The author makes a comparative analysis laws in former Yugoslavia, with the laws of Germany, Austria, France, England and the law of UPC. European laws requires all that the will be entirely handwritten, while Uniform Probate Code in the USA only requires that material portions of the document be in the testator’s handwritting. After analysis, the author concluded that the inheritance laws in the states of the former Yugoslavia must be reformed. The author especially criticizes imprecise rules about writing, signing and dating the will.
- Issue Year: 3/2010
- Issue No: 05
- Page Range: 35-52
- Page Count: 18
- Language: Bosnian