О НЕКИМ СПОРНИМ ПИТАЊИМА ПУНОВАЖНОСТИ ПИСМЕНОГ ЗАВЕШТАЊА ПРЕД СВЕДОЦИМА У ДОМАЋОЈ СУДСКОЈ ПРАКСИ
SOME DISPUTABLE ISSUES CONCERNING THE VALIDITY OF TESTAMENTUM ALLOGRAPHUM IN SERBIAN JUDICIAL PRACTICE

Summary/Abstract: Testamentum allographum (an allographic will) is a written will signed by the testator and attested by two witnesses. It is one of the most common forms of written wills in Serbian legal practice. In order to ensure the validity of this will, the legislator prescribes strict formal conditions which have to be fulfilled. In practice, lawsuits for annulment of this will often refer to some contested formal deficiencies. In this paper, the authors first elaborate on the legal conditions for the validity of this will, and then analyze numerous court decisions made in the proceedings for annulment of this form of will. The authors examine in detail the positions in judicial practice on the fulfillment or non-fulfillment of the legal conditions for the validity of this written will, with reference to each element of its form. The authors emphasize the inconsistency of court practice in certain cases and discuss how the courts should have acted in specific cases. The critical analysis focuses on the court decisions in which the courts have declared the nullity of a will due to formal deficiencies, even though these shortcomings make the will voidable.

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