Objectives: The aim of the article is to present selected aspects of the issue of making wills in a pandemic, including the search for answers to the question of how to make a valid will. Selected legal systems, which have presented solutions for drawing up wills in the COVID-19 pandemic will be analyzed. Since some legislators have prepared and enacted appropriate facilities for the use of formal instruments for disposing of property upon death specifically for the pandemic period, the author looks at these solutions and wonders whether it is appropriate to deformalize the law of succession for the period after the pandemic. Because of that, a path for the legislator's future is be proposed, in the light of current trends in the world of testamentary formalities.
Material and methods: The analysis of legal solutions will be based on the dogmatic method, which will be supported by comparative considerations.
Results: Presentation of selected aspects of the issue of making wills in a pandemic, including the proposed answers to the question of how to make a valid will.
Conclusions: It is appropriate to deformalize the law of succession for the period after the pandemic. The solutions adopted during the pandemic have shown that it is possible for testators to take greater account of their interests. In succession law such solutions were and still are expected.
REFERENCES(23)
1.
Aloy, A. V. (2016). “La Relajación de Las Solemnidades Del Testamento". Revista de Derecho Civil 3 (4): 9–34. ISSN 2341-2216.
Cottier, M. (2014). “Adapting Inheritance Law to Changing Social Realities : Questions of Methodology from a Comparative Perspective.” Oñati Socio-Legal Series 4 (2): 196–221. ISSN 2079-5971.
Flaks, S. (2010). “Excusing Harmless Error in Will Execution: The Israeli Experience.” Estate Planning and Community Property Law Journal 3 (3): 27–54. ISSN 2161-2463.
Kerridge, R., Alastair B., and Hughes Parry D., (2016). Parry and Kerridge: The Law of Succession. 13th ed. London: Sweet & Maxwell. ISBN 9780409347722.
Reid, K. G.C., M. J. Dewall, and R. Zimmermann, eds. (2011). Comparative Succession Law. Testamentary Formalities. Oxford: Oxford Scholarship. ISBN 9780199696802.
Slingo, J. (2020). “Coronavirus: Demand for Wills Jumps by 76%.” The Law Society Gazette, no. 31 March 2020. https://www.lawgazette.co.uk/n.... (access 1.07.2020).
Thomson, A. (2020). “The Demand for Wills Is Increasing in SA as Covid-19 Spreads - and Divorces May Spike Too.” Business Insider SA, no. 11 April 2020. https://www.businessinsider.co.... (access 1.07.2020).
Załucki, M. (2015). Uniform European Inheritance Law. Myth, Dream or Reality of the Future. Kraków: AFM Publishing House. ISBN 9788365208026. https://doi.org/10.1017/CBO978....
———. 2019. “About the Need to Adjust the Regulations Regarding the Form of Will to the Modern Requirements.” The European Journal of Economics, Law and Politics 6 (2): 1–13. https://doi.org/10.19044/elp.v....
Zimmermann, R. (2012). “Testamentsformen : » Willkür « oder Ausdruck Einer Rechtskultur ?” Rabels Zeitschrift Für Ausländisches Und Internationales Privatrecht 76 (3): 471–508. https://doi.org/10.1628/003372....
We process personal data collected when visiting the website. The function of obtaining information about users and their behavior is carried out by voluntarily entered information in forms and saving cookies in end devices. Data, including cookies, are used to provide services, improve the user experience and to analyze the traffic in accordance with the Privacy policy. Data are also collected and processed by Google Analytics tool (more).
You can change cookies settings in your browser. Restricted use of cookies in the browser configuration may affect some functionalities of the website.