2022
Octavian CAZAC, Associate Professor, Faculty of Law, State University of Moldova, Testamentary Dispositions for Designating an Heir and a Legatee (Comparative Review)
DOI: https://doi.org/10.31178/AUBD.2022.03
Abstract: This
inquiry deals with a classical question of European succession law, if a
testamentary disposition appointing a beneficiary is to be taken as a
designation of a universal legal successor (testamentary heir) or merely a
legatee (successor in respect of a single item of property). Wills prepared
without the employment of a succession law specialist often contain
designations of heir in respect of a single piece of property (heredis
institutio ex re certa), which raises the question of the legal status of such
a testamentary beneficiary (heir or legatee).
Following the
German and Italian models, the new succession law contained in the Moldovan
Civil Code applies the test of the practical intent of the testator (mens
testantis): whether he or she intended the beneficiary to merely receive a net
financial advantage (i.e. institution of legatee) or to replace the testator in
all of his or her legal positions (i.e. institution of heir).
Keywords: will, interpretation of testamentary dispositions, successor, heir, legatee.
« back