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In the editorial board of journal Pravnik, we strive to ensure that different areas of law are represented in individual issues of the magazine, while at the same time, the criteria for publication in an individual issue is also the topicality of the discussed topic.

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Number 3-4/2019

60th Anniversary of the European Court of Human Rights

The European Court of Human Rights (ECtHR) is celebrating 60 years since it was founded in 1959, based on the Convention for the Protection of Human Rights and Fundamental Freedoms. On the occasion of its jubilee, a conference was held in April 2019 at the Faculty of Law of the university of Ljubljana, at which high state representatives and other legal professionals participated
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Number 5-6/2023

Validity of the Will in Will Formalities Perspective

One of the fundamental principles of inheritance law is testamentary freedom, which ensures that the testator can determine the heirs and distribute most of the property as he sees fit, regardless of intestate succession. To do so, he must adhere to certain requirements regarding the content of testamentary disposi- tions and will formalities. According to the rule of strict compliance, only wills made in one of the legally prescribed forms are valid. Exceptionally, in some common law countries, a will that does not meet all formalities may also be valid. An exception from the strict rules is provided by the doctrine of harm- less error and the doctrine of substantial compliance, which instead of forma ad valorem emphasise the testator’s true intention. The aforementioned rules are enacted in many countries and provide the courts with a starting point on which the latter can legally argue their decision. They were used both in cases in which the courts corrected mistakes regarding witnesses or signatures in written forms of the will, as well as in cases where the testator wrote the will in electronic form. The continental legal order does not have these exceptions, but doctrines, if enacted, could aid in the realisation of the testator’s true will.

Key words: will, will formalities, strict compliance, doctrine of harmless error, doctrine of substantial compliance, electronic will.


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