Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems

In Serbian law, a valid will can be revoked based on the will of the testator, more precisely through the revocation of the will or based on a court decision. This paper analyzes the solutions of the Law on Inheritance of Serbia, dedicated to the mentioned ways of revoking a last will, and at the sa...

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Autor principal:	Vidić-Trninić Jelena Đ.
Formato:	article
Lenguaje:	EN SR
Publicado:	University of Novi Sad, Faculty of Law 2021
Materias:	revocation of will declaring a will ineffective formal revocation informal revocation earlier will later will Law K
Acceso en línea:	https://doaj.org/article/76a42ba4e99a490b9b40fc424630bd4f
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spelling	oai:doaj.org-article:76a42ba4e99a490b9b40fc424630bd4f2021-12-05T21:40:08ZRevocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems0550-21792406-125510.5937/zrpfns55-30553https://doaj.org/article/76a42ba4e99a490b9b40fc424630bd4f2021-01-01T00:00:00Zhttps://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2021/0550-21792101143V.pdfhttps://doaj.org/toc/0550-2179https://doaj.org/toc/2406-1255In Serbian law, a valid will can be revoked based on the will of the testator, more precisely through the revocation of the will or based on a court decision. This paper analyzes the solutions of the Law on Inheritance of Serbia, dedicated to the mentioned ways of revoking a last will, and at the same time examines the legal regulation of that issue in other legal systems in Europe. The author finds that in the realization of the right to revoke a will, the legislation of Serbia undoubtedly affirms the freedom of will, and that in that respect, it is in principle harmonized with the legal solutions observed on European legal soil. In the aspect of the purpose for which it is prescribed, a special advantage of domestic regulation is the possibility of declaring a will ineffective through a court decision. The author further considers that certain solutions that can be found in comparative law, such as the possibility to invalidate testamentary dispositions made in favour of former spouse, could be accepted in Serbian inheritance law as well. Finally, according to the author, some existing legal solutions dedicated to the revocation of wills, need to be specified and completed de lege ferenda, in order to achieve legal certainty.Vidić-Trninić Jelena Đ.University of Novi Sad, Faculty of Lawarticlerevocation of willdeclaring a will ineffectiveformal revocationinformal revocationearlier willlater willLawKENSRZbornik Radova: Pravni Fakultet u Novom Sadu, Vol 55, Iss 1, Pp 143-160 (2021)
institution	DOAJ
collection	DOAJ
language	EN SR
topic	revocation of will declaring a will ineffective formal revocation informal revocation earlier will later will Law K
spellingShingle	revocation of will declaring a will ineffective formal revocation informal revocation earlier will later will Law K Vidić-Trninić Jelena Đ. Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems
description	In Serbian law, a valid will can be revoked based on the will of the testator, more precisely through the revocation of the will or based on a court decision. This paper analyzes the solutions of the Law on Inheritance of Serbia, dedicated to the mentioned ways of revoking a last will, and at the same time examines the legal regulation of that issue in other legal systems in Europe. The author finds that in the realization of the right to revoke a will, the legislation of Serbia undoubtedly affirms the freedom of will, and that in that respect, it is in principle harmonized with the legal solutions observed on European legal soil. In the aspect of the purpose for which it is prescribed, a special advantage of domestic regulation is the possibility of declaring a will ineffective through a court decision. The author further considers that certain solutions that can be found in comparative law, such as the possibility to invalidate testamentary dispositions made in favour of former spouse, could be accepted in Serbian inheritance law as well. Finally, according to the author, some existing legal solutions dedicated to the revocation of wills, need to be specified and completed de lege ferenda, in order to achieve legal certainty.
format	article
author	Vidić-Trninić Jelena Đ.
author_facet	Vidić-Trninić Jelena Đ.
author_sort	Vidić-Trninić Jelena Đ.
title	Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems
title_short	Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems
title_full	Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems
title_fullStr	Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems
title_full_unstemmed	Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems
title_sort	revocation of will and judicial proceedings for declaring a will ineffective under the law on inheritance of serbia with reference to other contemporary european legal systems
publisher	University of Novi Sad, Faculty of Law
publishDate	2021
url	https://doaj.org/article/76a42ba4e99a490b9b40fc424630bd4f
work_keys_str_mv	AT vidictrninicjelenađ revocationofwillandjudicialproceedingsfordeclaringawillineffectiveunderthelawoninheritanceofserbiawithreferencetoothercontemporaryeuropeanlegalsystems
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Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems

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