What testamentary bequest and laying?And what is the fundamental difference between these two similar concepts?A legacy - is one possible testamentary dispositions in which the testator may leave a third party of the entire property that is not included in the total weight of the inheritance.However, he may leave the order in which the heir to the future rests with a number of obligations on the implementation of certain actions.Only if you follow these steps inheritance can go into the hands of the heir.
example, the legacy will be a request as referred to in the will list the monthly amount of some orphanage or a third party.The testator may require the performance of a specific service - such as a monument grandmother to complete the house, or temporarily transfer the rights to use the property.For example, the testator can issue bequest to the apartment in favor of his nephew with the condition that the mother that her nephew will live up to his death, and only then enter into his nephew inheritance.
A legacy all made to meet the conditions to be established in the will.In principle, everything can be a testament bequest.If desired, the testator may specify the person to whom the obligation will be passed if the first heir will not be able to fulfill them.For example, the testator may bequeath the legacy of his sister, on condition that it will be a month to transfer a certain amount in the fund stray animals.If my sister dies or until the announcement of the will, or simultaneously with the testator inheritance rights and liabilities transferred must go to her son.
A legacy is not binding in some cases:
- when the heirs renounced his performance and, accordingly, inheritance.
- When he died before the opening of the inheritance.
- When the heir was found unworthy, and deprived of his legacy.
- Within three years of not exercising his right.
What is different from the testamentary bequest of laying?In principle, these concepts are very similar.Similarly, in the laying on testamentary heir to accept the inheritance, it imposed a number of obligations.Another thing is that these obligations are not of material nature, but rather are a public good.For example, a grandmother in testamentary imposition may indicate the need to inspect it after the death of animals or care for flowers.If you find that the animals do not have proper care, they can be withdrawn together with the means, the situation on the content.Of course, if it is for the color, refute care will be difficult.
second difference is that in the case of a testamentary laying specific person to whom the order is issued, is not specified.In other words, if the heirs of two, three, testamentary laying distributed among them in proportion to their share in the inheritance.
third difference lies in the fact that the implementation of the laying of the legacy passed to the order of succession in case of death or withdrawal of direct inheritance of the testator.In other words, if a man bequeathed to his son to transfer to the city library an extensive collection of books and the son dies shortly after his father, not waiting for the opening of the inheritance, his children are required to carry out the will of his grandfather (of course if they are found to be the heirs of his son).In the case of legacy duty to fulfill the conditions of the testator does not pass by inheritance only if it is not specified separately.
