Influence of Objective Elements on the Interpretation of Wills

Pravni vjesnik, Vol. 33, No. 1, 2017

21 Pages Posted: 17 Jan 2018

See all articles by Miloš Vukotić

Miloš Vukotić

University of Belgrade Faculty of Law

Date Written: January 31, 2017

Abstract

The author of the paper discusses rules relating to will execution formalities, and rules relating to interpretation of wills in order to show the importance of legal policy and general legal values for interpretation of wills. Aharon Barak’s theory of purposive interpretation is a starting point for the discussion because this theory emphasizes the importance of objective elements for interpretation of wills. The author analyses the main problems that arise in connection with interpretation of wills and indicates possible policy considerations underlying different approaches to interpretation. The author concludes that courts have a justifiably large freedom to interpret the words of the will and that there is convergence between civil law and common law approach to interpretation of wills, and this interpretation is often based on objective rules not connected to the most likely intent of the testator.

Keywords: Interpretation, Wills, Purposive Interpretation, Substantive Compliance, Law of Succession

Suggested Citation

Vukotić, Miloš, Influence of Objective Elements on the Interpretation of Wills (January 31, 2017). Pravni vjesnik, Vol. 33, No. 1, 2017, Available at SSRN: https://ssrn.com/abstract=3100151

Miloš Vukotić (Contact Author)

University of Belgrade Faculty of Law ( email )

Bulevar Kralja Aleksandra 67
11000 Belgrade, 11000
Serbia

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