Wykładnia słusznościowa testamentu

Abstract

The article analyzes various interpretations of legal provisions relating to disposition of a testator’s property, a process that can prove to be highly problematic, in particular in cases with complicated legal status. The problem discussed is a very important one from the point of view of legal doctrine, jurisdiction and social equity. The article focuses on jurisdictions that exercise an equitable doctrine, known as dependent relative revocation. This concept involves numerous legal institutions and mechanisms that refl ect or, in principle, should refl ect the testator’s intention to make a valid will, in particular modifications to the existing will (codicil), the principle of favor testamenti and legal interpretations that take into account the circumstances under which the will was made. The article presents various arguments put forward by legal experts and cites selected decisions of the Supreme Court. References to foreign jurisdiction are also made to identify the best solutions relating to the interpretation of the last will and testament.