Wills and Testamentary Succession in North Macedonia – Legal Guide

A will is perhaps the most important legal document a person can make. It determines how your property will be distributed after your death and allows you to choose your heirs freely — within the limits set by the Inheritance Law of North Macedonia. This guide explains what a will is, what it must contain, how it can be revoked, and what limitations apply. This page is part of our family law practice.

Death is not an easy subject to talk about, and planning for it can be difficult. However, from a legal point of view, death is a fact that creates a special type of legal relationship between the testator and the heirs. In the Macedonian legislation, the will is one of the legal mechanisms by which inheritance relations can be regulated.

What Is a Will?

In the simplest terms, a will is a personal declaration of will by which the testator decides how his or her property will be distributed after death. A will is a document with deferred consequences because it begins to produce legal effect only at the moment of the testator’s death. During your lifetime, you can change and add to the will, or make several wills. The will can be revoked at any time by physical destruction, by disposal (sale or gift) of the property that is the subject of the will, or by drawing up a new will.

For the will to be valid, it must contain certain elements prescribed by the Inheritance Law. If the will is drawn up contrary to the law, it is not considered applicable and the inheritance relations in such a case are regulated in accordance with the rules of legal succession.

What Should the Will Contain?

Regardless of the type and form of the will, every will must contain two elements: (1) the property subject to testamentary succession, and (2) the testamentary heirs. The will must reflect the inviolable will of the testator regarding both elements — meaning the testator must determine the heirs and the property freely, without threat, coercion or fraud. If the testator’s free will is in question, the will can potentially be declared null and void.

A condition for the validity of all forms of will is the age and capacity of judgment of the testator. According to the Inheritance Law, a will can be made by any person capable of reasoning who has reached the age of 15. A loss of judgment that occurs after the will was made does not affect its validity. For this reason, it is advisable to indicate the date the will was drawn up, although the date is not a mandatory element in all forms of will.

Why Is a Will Important?

With a will, you can designate heirs who are not among your legal heirs — friends, distant relatives, an unmarried partner, and others. You can also specify a substitute heir: a person to whom the inheritance will pass if the designated heir dies before you, renounces the inheritance, or is found unworthy to inherit. Additionally, the will can establish one or more legacies — specific bequests of particular assets to named beneficiaries.

The will may also impose obligations on the beneficiary of a bequest, set conditions or deadlines, and designate an executor of the will — a person who will ensure that the testator’s last wishes are carried out as intended.

Forced Heirship — The Limits of Testamentary Freedom

One of the main characteristics of the will under Macedonian law is that it cannot completely exclude the legal heirs from the inheritance. Where the testator has disposed of all property in the will without including the necessary legal heirs, those heirs have the right to request a reduction of the testamentary dispositions in order to satisfy their mandatory share of the inheritance.

This means that a will is a mechanism that protects both the legal heirs (through the mandatory share) and allows the testator to leave certain benefits to other persons who could not inherit under the rules of legal succession alone.

For those choosing to make a will, there are several forms available under Macedonian law. In any case, it is advisable to seek legal assistance from an attorney to ensure that the will is valid and will be consistently implemented.

Practical Checklist

When making a will in North Macedonia, verify the following: (1) Confirm eligibility — you must be at least 15 years old and capable of reasoning at the time of making the will. (2) Identify all property to be bequeathed — clearly specify the property that is the subject of the will. Vague descriptions can lead to disputes or invalidity. (3) Identify heirs clearly — name each testamentary heir explicitly. Consider including substitutes in case a designated heir predeceases you or renounces the inheritance. (4) Ensure the will reflects your free and uncoerced will — a will made under threat, coercion or fraud can be declared null and void. (5) Account for forced heirship — remember that close legal heirs cannot be completely excluded. Consult a lawyer to understand the mandatory share applicable in your situation before finalizing the will. (6) Keep the will safe and accessible — consider informing a trusted person of the will’s existence and location, or depositing it with a notary. For assistance with drafting or reviewing a will, contact our family law team.

Frequently Asked Questions

At what age can a person make a will in North Macedonia?

Under the Inheritance Law of North Macedonia, a will can be made by any person who has reached the age of 15 and is capable of reasoning at the time of making the will. A subsequent loss of reasoning capacity does not invalidate a will that was validly made.

Can a will be changed or revoked after it is made?

Yes. A will can be changed or revoked at any time during the testator’s lifetime. Revocation can occur by: physical destruction of the will; disposal (sale, gift) of the property that is the subject of the will; or by making a new will. A later will revokes an earlier one to the extent they are inconsistent.

Can a will completely disinherit a close family member?

No — not entirely. North Macedonia’s Inheritance Law provides for mandatory shares (forced heirship) for close legal heirs (typically children, spouses and parents). Even if a testator’s will excludes them, these heirs have the right to request a reduction of the testamentary dispositions to satisfy their mandatory share. The exact mandatory share depends on the number and category of heirs.

What happens if a will is found to be invalid?

If a will is declared null and void — for example because it was made under coercion, lacks the required elements, or does not comply with the prescribed form — it produces no legal effect. In that case, the inheritance is distributed according to the rules of legal succession under the Inheritance Law, as if no will had been made.

Who can be named as a testamentary heir?

Almost anyone — including persons who are not legal heirs: friends, distant relatives, an unmarried partner, legal entities, and others. The testator has broad freedom in choosing heirs, subject only to the forced heirship rules that protect close legal heirs’ mandatory shares.

Last updated: July 2026

Note: The above does not constitute legal advice and in no way can be accepted or understood as an instruction to act in a specific case. Each legal situation has its own characteristics that should be reviewed at separately, and for that reason we recommend that you contact a professional – a lawyer – for legal advice.