Abstract
Written will before witnesses is one of the most common forms of wills in Serbian legal life, and for its validity the legislator prescribes the fulfillment of strict formal conditions. In practice, lawsuits for annulment of this will with reference to some formal deficiencies are frequent. In the paper, the authors pointed out the legal conditions for the validity of this will, and then analyzed the numerous court decisions made in the proceedings for annulment of this form of will. The positions in the court practice regarding the fulfillment or non-fulfillment of the legal conditions for the validity of the written will before witnesses, in each element of the form, are considered in detail. The inconsistency of court practice in certain cases was also pointed out, and positions were taken regarding how the courts should act in a specific case. Court decisions in which the courts have declared the nullity of a will due to formal deficiencies have been particularly criticized, although due to these shortcomings the testament is voidable.