THE RIGHT OF THE TESTITOR TO TESTATIVE

This right of the testator is fixed in Articles 1237 and 1238 of the Civil Procedure Code of Ukraine. Among the refusal of recipients can be both heirs by law (regardless of which line they are in) and outsiders. The only ones who cannot be legatees are testamentary heirs. Everything is natural here, because dual status is inappropriate for a person.

What follows from testamentary refusal

Here it is important to mention a few of the following aspects:

• A will is a separate part of a will. He conveys an important order of the testator in case of his death.
• An increase in the shares of some heirs at the expense of a testamentary answer in relation to others.
• A testamentary response provides for the imposition of a specific obligation on the heir who accepts the inheritance. When such an heir enters the line by law, he may choose the option of succession by law, if mentioned in the will and if there is a testamentary answer to him. In this case, if a person has the right to a mandatory share in the inheritance, he can choose his status - whether to inherit by law or by will. Articles 1241 and 1271 stipulate that the heir who is entitled to such a share by law may receive it regardless of the legacy. In this case, he should write an appropriate statement that he refuses to accept the testamentary answer.
• If the heir has decided to abandon the testamentary refusal, the court may reduce the amount of his mandatory share in the event of disputes over property.

Let's take a closer look at what a legacy is. We are talking about a certain will of the testator regarding the inherited property. For example, a person, forming the content of his will, wants another person who is not the heir to have the right to live in the housing that he leaves to the heir. It's about the right to use. The heir in respect of whom such a testamentary answer is indicated must secure the respective right to the said person. And this person is called the legatee.

Can a will contain only obligations

Some testators would like the heirs to complete their affairs and perform certain actions, while not receiving anything in return. However, fortunately, the legislation does not provide for this, because in the case of a will, we are always talking about the inheritance of rights and obligations, and not just obligations. Otherwise, it would not be a testament as such, but a testamentary refusal in its purest form, and this does not happen. Such an answer does not exist separately from the will and is inextricably linked with it. If a person wants someone to simply complete some business after his death, such things can only be stipulated on the basis of an oral agreement, and not an obligation tied to a will.

However, it is important to remember that the absence of a testamentary response regarding property does not mean that the heir will not have any obligations related to the inheritance. It happens that the testator left not only valuable things by inheritance, but also debts. This means that the heir accepting the inheritance must be liable for such obligations of the testator. And when these obligations are almost equivalent to a share by inheritance, then the question arises of the appropriateness of its adoption. However, here the emphasis is different - it lies in the fact that the obligation to perform certain actions by inheritance can be associated not only with a testamentary refusal.

What is the benefit of legal aid?

Our law office specializes in a wide range of issues, including those related to inheritance law. Therefore, if you want to draw up a will, where you are going to provide for the legatee, we will help you competently develop its content.

If you yourself are an heir and during the opening of the inheritance you learned that you must perform some actions in favor of the legatees, we will help you sort out all the issues that interest you. This is especially true for those heirs who, in addition to the will, have the right to a mandatory share in the inheritance. In such cases, there can be many contentious issues. And we, relying on the legislation and our experience, will help to solve them. So get in touch - Prikhodko & Partners is at your service.