What is a testament?
A testament (last will, last will and testament, or bequest), as it is also called, is a unilateral, personal and always revocable declaration of will by a person capable of doing so, by which he distributes his property in the event of death, in a form determined by law.
Who can make a testament?
A testament can be made by a person who has reached fifteen years of age and is capable of reasoning. In order to prevent possible proof that the testator was not capable of reasoning at the time of making the testament, it is recommended that he be examined by an expert psychiatrist before making the testament, who will confirm that this capacity exists.
What if the testator loses judgment after making the testament?
Loss of judgment after the testament is made does not affect its validity. Exceptionally, when the circumstances that were the testator’s decisive motive at the time of the will have changed significantly, the court can, at the request of the interested person, invalidate certain provisions of the testament or the entire testament if the testator could not do so due to loss of judgment.
What are the forms of a testament?
In our legal system, there are the following forms of will:
- self-made
- written testament before witnesses
- judicial testament
- consular testament
- international testament
- ship testament
- military testament
- oral testament
- notarial testament
Which testament is drawn up with the legal assistance of a lawyer?
Lawyers provide professional assistance in drafting a written will in front of witnesses. This is done when the testator (it is only important that he knows how to read and write) declares in front of two witnesses that he has read the already made testament, that it is his last will, and then signs the testament with his own hand. Witnesses also sign the testament. It is preferable to have the signatures certified by a notary public, although this is not a mandatory element of the form. Also, it is desirable to specify the characteristics of the witnesses.
Who can and who cannot be a witness?
Testamentary witnesses must be literate, of legal age, fully capable of doing business and must understand the language in which the testator declares that the will is his. Witnesses cannot be the testator’s direct blood relatives, collateral relatives up to the fourth degree of kinship, in-law relatives up to the second degree of kinship, relatives by adoption, spouse, ex-spouse, common-law partner, former common-law partner, guardian, former guardian, ward or former ward. Also, the provisions of the testament that leave something to the witnesses, as well as the spouses, ancestors, descendants and brothers and sisters of the witnesses, are null and void.
Who keeps the testament?
The testament can be kept by the testator himself or he can entrust the keeping to a testamentary heir, a lawyer or another trusted person. Also, the testament can be deposited in the court, which makes a record of it in non-litigation proceedings, puts the testament in a special sealed envelope and keeps it. Upon initiation of probate proceedings, all persons who have knowledge of the existence of a testament are obliged to report it to the court and hand it over if it is in their possession.
Danilo Babić- lawyer in Novi Sad
