Witnesses in the Establishment of Oral Will, Their Duty, in the Republic of North Macedonia and Other Comparative Views

Abstract

In the legal system in the Republic of North Macedonia, only persons, who fulfill certain conditions, in accordance with the law, can be witnesses of the preparation of the oral will. Taking into consideration that the testator verbally declares the last will, in order to ensure the true will of the testator, in the Republic of North Macedonia, the witnesses, during the oral testimony, are obliged and with no delay to put in writing the statement of the testator and to hand it over to the court as soon as possible, or repeat it verbally to the court, disclosing when, where and on what occasions it was declared the last will by the side of the testator. Namely, given their role, of the witnesses, there is also a special duty for them. Thus, the purpose of this paper is to carry out a scientific study of which persons can be witnesses of the preparation of the oral will, what is their duty, in this context to resolve certain dilemmas, and in the paper there is also a place for whether with the oral testament, the testator, can perform dispositions for the benefit of the witnesses themselves and their particular close relatives.