Asmeninis testamentas

Since the 1st July 2001 in the new civil code of the Lithuanian Republic the institute of the holographic will is created, which regulates provisions of will written in testator’s hand following the requirements due to the law. The aim of this paper is to reveal juridical and practical problems of holographic will. To reach this goal author uses historic resources starting from the main principles of Roman law of succession under the will. So there are penetrated the features of holographic will formation. Also there are done comparisons of holographic will with analogical institutes of various other countries. Applying the methods of comparison, analysis and systematic there are analyzed what rights of testator pass as the basis of holographic will, also there is studied the question of non-property devisor‘s rights implement after the death of testator, analyzed peculiarities of rights and obligations inheritance under the basis of holographic will. The holographic will is separated into the several elements, in order to reveal the peculiarities of will and the particularity of regulation in more detailed way. The main part of the paper is concentrated on the content, form, subject and object of holographic will. The attention is imposed on survey of holographic will topic in the practice of national courts. The author presents the analysis of court’s judgements separates controversial moments, which have influence on the issues of holographic will’s implement. Also the author gives concrete suggestions and recommendations how to use available results in practice.