What is a testamentary and testamentary assignment? And what is the fundamental difference between these two similar concepts? A testamentary refusal is one of the possible variants of testamentary orders, in which the testator may leave to a third party a part of all property not included in the total mass of the inheritance. At the same time, he can leave an order, in which the future heir is assigned a number of obligations to perform certain actions. Only if these actions are fulfilled, the inheritance can pass into the hands of the heir.
For example, a testamentary refusal will be a request specified in the will to transfer monthly some amount to an orphanage or a third party. The testator may require the performance of a certain service - for example, to put a monument to the grandmother, to complete the house, or temporarily transfer the rights to use the property. For example, the testator can make a testamentary refusal to an apartment in favor of his nephew, with the proviso that the mother of this nephew will reside there until death and only after that the nephew will enter the rights of the inheritance.
The testamentary refusal, with all the conditions attached, must be written in the will. In principle, the whole will can be a testamentary refusal. If desired, the testator can indicate the person to whom the obligations will be transferred, if the first heir can not fulfill them. For example, the testator may bequeath the inheritance to the sister, provided that she will monthly transfer a certain amount to the fund of homeless animals. If the sister dies before the announcement or testament or simultaneously with the testator of the right of inheritance and the obligation to transfer must go to her son.
A testamentary refusal is not mandatory for execution in several cases:
- When the heir refused to fulfill it and, accordingly, the inheritance.
- When he died before the opening of the inheritance.
- When the heir was found unworthy and devoid of a testamentary refusal.
- For three years I did not use my right.
What is the difference between a testamentary refusal of a testamentary assignment? In principle, these concepts are largely similar. Likewise, a number of obligations are imposed in the testamentary assignment to the heir, who accepted the inheritance. It is another matter that these obligations are not of a property nature, but rather are of public benefit. For example, a grandmother in a testamentary assignment may indicate the need to search after her death of pets or take care of flowers. If it turns out that the animals do not have the proper care, they can be withdrawn together with the funds put on the maintenance. Of course, if the matter concerns flowers, it will be difficult to prove the failure of the withdrawal.
The second difference is that in the case of a testamentary assignment, the specific person to whom the assignment is issued is not indicated. In other words, if two, three, testamentary assignments are distributed between the heirs, proportionate to their share in the inheritance.
The third difference is that the execution of a testamentary assignment is transferred in the order of inheritance in case of death or renunciation of the inheritance of the direct testator. In other words, if a person bequeathed to his son to hand over an extensive collection of books to the city library and the son dies shortly after his father, without waiting for the opening of the inheritance, his children must fulfill the will of his grandfather (of course, if they are recognized as heirs of the son). In the case of a testamentary refusal, the obligation to fulfill the conditions of the testator does not pass in the order of inheritance, only if it is not indicated in a separate line.