THE SOCIAL EFFECT OF THE FREEDOM OF WILLS AS REFLECTED BY THE JUDICIAL PRACTICE

The author proves the idea of sanctity of the testator’s will and the development of opportunities for its most complete implementation in the laws as well as in the modern notarial practice. Judicial practice in cases on acknowledgment of a will invalid is in the center of the author’s attention. Its analysis has allowed to identify the tendency of acknowledgment of wills made in favor of persons taking care of the elderly over the last years of their lives invalid based on claims of relatives showing no concern and paying no attention to the elderly during their lifetime. In the meantime, wrongful acts of notaries expressed in violation of the procedure and the rules for performance of notarial actions have served as the grounds for acknowledgment of wills invalid. The author encourages notaries and judges to pay more attention to the testator’s will (intentions) and create all conditions to implement such will after the testator’s death as adequately as possible.