Review article

https://doi.org/10.47960/2637-2495.2021.29.23

HANDWRITING REQUIREMENTS FOR HOLOGRAFIC WILL

Alena Jurić ; University of Mostar, Faculty of Law
Davor Milardović orcid.org/0000-0002-1636-8905 ; University of Mostar, Faculty of Law

Abstract

Holografic will is recognized by the most famous civil law codifications in the world. The most important advantages of holografic will are: complete secrecy of content, ability to make a will in a simple way at minimal cost. It’s disadvantages
are: susceptibility to falsification, incomprehensibility of certain words or sentences occasionally, insecurity in terms of keeping it by the testator. Holografic will is like every will strictly legal business which form is one of the conditions of it’s validity.
The basic condition of holografic will legal validity is requirement of hanwrinting in it’s compilation and signing. The limits of handwriting requirements regarding their legal and practical significance are explored in this paper. It also analyzes the
normative definition of a will, legal effects of a holografic will written by a testator with physical disabilities who used external assistance, legal effects of stenografic compilation of holografic will, question of term’handwriting’ content, legal consequences of signing a will made in a form of declaration, signing a will written in several sheets, etc. Comparative law as well as relevant case practices are consulted. Solutions de lege ferenda regarding contraversial issues and diversities in legal science point of views are proposed.

Keywords

free will, holographic will, legal validity of the will, manuscript, stenography, testator’s signature, physical disabilities of the testator, will in the form of declaration

Hrčak ID:

271567

URI

https://hrcak.srce.hr/271567

Publication date:

27.1.2022.

Article data in other languages: croatian

Visits: 1.398 *