ON THE NECESSITY OF IMPROVEMENT OF THE PROVISIONS OF THE WILL UNDER THE CONDITION

Abstract

This article is concerned on the study of essence of the will under the condition as an independent type of the will. The aim of the research is to analyze the peculiarities of inheritance by the will under the condition, to define problems arising in the sphere of legal regulation of inheritance by the will under the condition and to suggest ways of their solving. Scientific novelty. An attention has been paid to the necessity of improvement of current legislation defining the rights of testator and heirs by the will. Testator can provide to the emergence of the right to inherit from a person designated by the will a certain condition both related and unrelated to this person’s behavior. Nowadays a condition (if designated by the will) must exist by the time of the opening of the will, and this does not correspond to some extent to the interests of the heirs (and sometimes the testator himself/herself). A condition designated by the will as a ground of inheritance has been analyzed. It has been established that such condition may be related to certain actions or events. It has been stated that there are some conditions of the will which demand some time to be fulfilled (to have a baby, to graduate from educational establishment etc.). Such and similar conditions objectively cannot depend on testator; consequently, this forces the testator just passively watch and therefore does not allow to carry out the testator’s will in future. As a conclusion, it has been stressed in the article on the practicability to stipulate in the legislation that condition designated by the will must occur within the period prescribed for acceptance of the inheritance, but not exist by the time of the opening of the will. Similarly it has been suggested to stipulate that testator may determine the period in the will within which the heir may fulfill the condition of the will; such period may not exceed 5 years.