О ПОТРЕБИ РЕГУЛИСАЊА ПИСМЕНОГ ЗАВЕШТАЊА ПРЕД СВЕДОЦИМА У МАКЕДОНСКОМ НАСЛЕДНОМ ПРАВУ
ON THE NECESSITY FOR REGULATING THE WRITTEN WILL BEFORE WITNESSES IN THE MACEDONIAN INHERITANCE LAW

Summary/Abstract: A written will before witnesses is a written declaration of a testator compiled by other person, which the testator personally signs in presence of witnesses, declaring that this is his last will, after which the witnesses also sign on the will. This form of will is widely accepted in Comparative Inheritance Law. In the current Macedonian Inheritance Law, unlike previous regulations, in Inheritance Law Act from 1996, the legislator omitted this form of will because of the frequent abuses in the past, hard evidence and disputes in practice. In this paper, the author analyzes in details the historical development of a written will before witnesses and the conditions for its validity. In addition to this, the author also analyzes arguments against and in addition to the written will before witnesses, the court practice, as well as the solutions from the comparative inheritance law, in order to answer the question raised about the need for “reincarnation” of the written will before witnesses in the Macedonian Inheritance Law. If the legislator decides to re-regulate the written will before witnesses, expanding the principle autonomy of will, in the Civil Code of the Republic of Macedonia, with the proposed amendments, this would be a significant reform in the sphere of inheritance by will.

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