| Abstract [eng] |
The exercise of a natural person’s right to leave property by a will is analyzed in this Master’s paper. The paper is divided in to five major sections. A thorough analysis of conditions of making a will is provided in the first part of this paper. Each condition is analyzed separately. The other part of the paper is for analyzing the limits of a persons right to leave property by a will, trying to clarify how much freedom in deciding the ownership of his property after death, one has. The biggest attention in this section is paid for the analysis of mandatory share of inheritance. Specific features of the natural person’s right to leave property by a will are analyzed in the third section. The types of testaments are analyzed in the fourth section. The biggest attention in this section is paid to the joint will of spouses. A thorough analysis of the way the last will of the testator is enacted is provided in the last section of the paper. After a thorough analysis of the Master’s paper topic the following conclusions were made. The biggest influence to the validity of a will is made by the legal capability of a person during the making of the will and the expression of the testators will. The research showed that the right to mandatory share of inheritance is the major restriction to leave property to specific persons. To conclude the analysis of the types of testaments it may be said that despite of the fact that making of an official will means additional expenditure, formalities and procedures, the making of official will guarantees more security that the will of the testator entrenched in the testament will be fulfilled. |
