Legal Encyclopedia. Letter O

DISCLAIMER testamentary

- One of the types of special testamentary disposition of the deceased, which is that the successor takes the inheritance due to an obligation of property nature for the benefit of one or more persons (legatees). Legatees, in turn, acquire the right to demand performance obligations.

ZO must be installed in the will. The contents of the will may be exhausted OZ

The subject of OZ may be:

1) the transfer of ownership in the legatee, in the possession of other proprietary right, or in the use of things, which is part of the inheritance;

2) transfer legatee is part of the inheritance of property rights;

3) acquisition and transfer to the legatee his other property;

4) to perform a specific job or legatee to provide certain services;

5) Implementation of the legatee in favor of periodic payments, etc.

On heir, which takes over a house, apartment or other dwelling, the testator may impose a duty to give to another person for a period of the life of this person or another term right to use this location or a certain part of it. At the subsequent transfer of ownership of the property included in the estate to another person the right to use that property, provided by O. G, remains valid.

Eligibility OZ is valid for three years from the date of opening of the inheritance and does not pass to other persons. The testator has the right to podnaznachit another testament if appointed legatee in the will dies before the opening of the inheritance or simultaneously with the testator, or refuses to accept the ZO, whether or not exercise the right to receive it, or be deprived of this right.

OZ celebrates the heir to whom he is assigned to the value of the inheritance passed to him after deduction of debts attributable to him. If the specified heir is entitled to compulsory share of inheritance, it is his duty to perform is limited to the value of the inheritance passed to him that exceeds the amount of his compulsory share.

If OZ is assigned to several heirs, they perform it in proportion to their shares in the inheritance.

Grounds for exemption from the obligation to legatee OZ:

1) the death of the legatee before the opening of the inheritance;

2) the death of the legatee together with the testator;

3) legatee refusal to produce Z. O .;

4) the legatee is not exercising his right to obtain ZO within three years from the date of opening of the inheritance;

5) Loss of legatee as an unworthy heir of the right to receive the legacy.

The heir shall be exempt from this obligation if the legatee was not podnaznachen other.