Mandatory representation of the lawyer in the inheritance procedure: current issues and dilemmas

Abstract

Macedonian inheritance law has not undergone major changes for decades. The announced reforms and the codification of the civil law remained an unrealized project of the legislator. Weather the Civil Code will be enacted the future will show. Despite the Commission's ten years of work, there is no civil law reform. However, recently in the Law on Notaries, the legislator indirectly made a certain reform in the inheritance law by prescribing the mandatory presence of a lawyer as a proxy for the heirs in the inheritance procedure. In the paper, the authors analyze the problems of such a solution in terms of civil law theory, comparative law and practice, in order to answer the question whether the exercise of inheritance rights is facilitated.