Testamentary refusal and testamentary laying

What is testamentary refusal and testamentary laying? And what is the fundamental difference between these two similar concepts? Bequest – one of the possible testamentary, where the decedent can leave to a third party a portion of all property that is not included in the total mass of the inheritance. However, he can leave the order, in which the future heir to have a number of commitments to perform some action. Only when you complete these steps, the estate may pass into the hands of the heir.

For Example, testamentary refusal will be a request as referred to in the will to transfer monthly some amount to orphanage or a third party. The testator may require fulfillment of any specific services-for example, to erect a monument grandmother to finish the house, or temporarily transfer the rights of use of property. For example, the testator may make the bequest to the apartment in favor of his nephew with the proviso that the mother of this nephew, staying there until his death, and only after that the nephew will come into the inheritance.

The bequest, with all attached to complete the conditions must be spelled out in the will. Basically all a will can be a bequest. If desired, the testator may specify the person to which the obligations will be passed if the first heir will not be able to comply with them. For example, a testator may bequeath an inheritance to a sister on the condition that it will be monthly transfer a certain amount to the Fund of homeless animals. If sister dies before the announcement or wills or simultaneously with the testator's inheritance rights and obligations to transfer needs to go to her son.

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The bequest is not binding in several cases:

1. When the heir refused to comply and, therefore, of inheritance.
2. When he died before the opening of the inheritance.
3. When the heir was voted unworthy and deprived of a legacy.
4. Within three years has not exercised its right.

What distinguishes a legacy from a legacy of laying? In principle, these concepts are largely similar. Similarly, in legacy the laying on of the heir who accepted the inheritance, imposed a series of obligations. Another thing is that these liabilities do not have material nature, but rather are public benefits. For example, the grandmother in the testamentary assignment may indicate the need to inspect after her death, Pets or take care of the flowers. If it turns out that for animals there is no proper care, they can be deleted together with the tools, laid on the content. Of course, if it will touch the plants, to prove the inconsistency of care will be difficult.

The Second difference is that in the case of a testamentary laying a specific person who issued the order is not specified. In other words, if the heirs of two, three, testamentary laying is distributed among them in proportion to their share of the inheritance.

The Third difference is that the execution of the testamentary laying is transmitted in the order of succession in case of death or refusal of the direct inheritance of the testator. In other words, if a man bequeathed to his son to convey to the public library's extensive collection of books and son die soon after the father, not waiting for the opening of the inheritance, his children must do the will of his grandfather (of course if they will be acknowledged heirs to son). In the case of a legacy the duty to comply with the conditions of the testator does not pass by inheritance only if it is not specified as a separate line.