The citizen has the right to bequeath any property to any person, to determine the shares of heirs in the inheritance by any means, to deprive the heirs of the inheritance according to the law, to include in the will other orders provided by the rules of this Code, to cancel, amend or supplement the will. The citizen is not obliged to inform anyone about making a will, changing it or canceling it. Freedom of will is limited only by the rules of the obligatory part of the inheritance.
The obligatory share is the right of the heir, regardless of the content of the will, to inherit at least half of the share that he would receive if he inherited according to the law.
At the time of opening the inheritance, the minor children of the heir have the right to a compulsory share, as well as the children of the heir recognized as disabled or incapacitated or 60 years old, the spouse or the parents.
The amount of the mandatory share shall take into account everything that the heir entitled to such share receives from the inheritance for any reason, including the value of the will in favor of such heir. The testator is not entitled to impose a will on the heirs appointed by him, so that the latter, in turn, in the event of death, dispose of the bequeathed property with a certain amount of money.
The property bequeathed to two or more heirs is considered to be bequeathed in equal shares to the heirs, if the mentioned parts are not bequeathed, it does not indicate the property or the right to belong to any of the heirs.
The testator has the right to make the inheritance conditional on a certain legal condition concerning the nature of the heir's conduct. The testator has the right to deprive one, several or all of the heirs of the law of the inheritance without explanation of the reasons.
If the testator has deprived the person who has the right of compulsory division on the opening day of the inheritance, the will is considered invalid in the relevant part. The testator has the right to cancel, amend or supplement his will at any time after making a will, and he is not obliged to state the reasons for canceling, changing or supplementing the will. It must be made in writing, indicating the place, time and place of its compilation, personally signed by the testator, and notarized.
At the will of the testator, the notary ratifies the will without getting acquainted with its contents (closed will). The closed will must be written and signed by the testator personally.
A will can be declared invalid by a court at the request of a person whose rights or interests have been violated by that will.
IN ORDER TO UNDERSTAND A DONATION OR A WILL, WE NEED TO STUDY THE PREVIOUS DONATION AGREEMENT
Under a donation agreement, one party (donor) transfers or undertakes to transfer property to the other party (donor) free of charge or to a property right (claim) addressed to him or a third party, or releases or undertakes to release him or her or a third party. from a property liability to a person.
The difference between a donation and and a will is that:
1. In the case of a will, the right to dispose of the property is given to the person after the death of the testator, and in case of donation, the presence of the case of death is not obligatory.
2. The testator may make a will on his property against several persons (from whom the right to dispose of the property is given to the person mentioned in the last will) and the person may make a donation to his property or property rights once. The donor can only terminate the donation agreement in the following case: "The donor has the right to cancel the donation if the donor has encroached on the life of him, his family members or close relatives or has intentionally caused bodily harm to the donor."