Civil law. Parts I, III and IV. Inheritance by will (the most important)

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Civil law. Parts I, III and IV. Inheritance by will (the most important)

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40. INHERITANCE BY WILL

testamentary succession - one of the types of inheritance, occurs when the deceased person left an order regarding his property in the event of his death. This order is called will.

Drawing up a will is a unilateral transaction, since it expresses the will of one person - the compiler. This deal is conditional, since the order will come into force only in the event of the death of its originator. Since the moment of its entry into force will be the moment of the originator's death, this transaction should be considered "conditional, made under a suspensive condition."

The choice of heirs and the principle of distribution of property between heirs is the prerogative of the testator only. This is where the "free will" comes into play. It is limited by the rules on the mandatory share in the inheritance, which must not be less than half of the share that would be due to the person when he inherits by law.

A will can be made in the following way:

▪ certified by a notary;

▪ certified by an official specified in the law;

▪ drawn up in simple written form in the presence of two witnesses under extraordinary circumstances and handed over to a notary in a sealed envelope, such a will is called a closed will.

Special methods of orders used in the preparation of a will:

▪ sub-appointment of a reserve heir in the event of the death of the main heir by the time the will comes into force;

▪ imposing on the heir the obligation to perform socially useful actions;

▪ appointment of the executor of the will - executor;

▪ testamentary refusal (legate) - entrusting the heir with the fulfillment of an obligation in favor of a specific person (legatee).

The secret of the preparation and content of a will is protected by law. The testator must be legally capable and make a will in person. A will, like any transaction, can be declared invalid both in whole and in part. Invalid wills and the consequences of their invalidity are subject to the statute of limitations. A will can be changed and revoked by the testator during his lifetime. Corrections are not allowed.

Principle "hereditary transmission": the rights of an heir who died during the period of entry into the inheritance are transferred to his heirs.

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