What is a testamentary inheritance?

Even though a topic like this could be too early to be discussed, if you want to leave your patrimony to those people you trust, you should know which is the best way to do this.

Which are the types of inheritance?

In Romania, as a rule, the patrimonies of deceased are divided according to the legal inheritance dispositions. It is not necessary to exist a will in advance to apply the dispositions of this form of inheritance.

But there are some cases when you can apply either the rules of testamentary inheritance or legal inheritance in the same process of sharing.

For example, X (the deceased) write a will where he expresses the desire of leaving the house from Cluj-Napoca and the VW Golf car to his only child. But these assets are not the only ones in his patrimony. He also has an apartament in Bucharest. For a part of these we will apply the legal inheritance rules (the apartament), and for the other, the testamentary inheritance rules. They coexist in this situation.

What is a will?

This is a unilateral act because it expresses a single manifestation of will (the testator one). It is not necessary the other manifestation to produce the expected legal effects and a personal (you can’t conclude it through an agent) and revocable one (the testator can withdraw his desire till the moment of death).

Moreover, its effects are exclusively produced when the testator is dead (a mortis causa act) if the law doesn’t preview differently.

Who can make a will?

A will can be made by a person who can dispose of his property through a testament inheritance.

For example, a minor can’t sign a will because there is a presumption that he doesn’t have a forecast of his acts. It is the same situation when you discuss about a person who is under judicial interdiction.

Besides the ability to dispose of, you have to prove your discernment and your consent can’t be altered by vices.

For example, if a beneficiary of the will tried to use fraudulent work to determine the testator to write the will in an advantageous way for him, we can discuss about dol as a consent vice.

Who can’t receive an asset through a will?

There are some exceptional situations when we can presume a will was written because of the gratefulness of the testator for that person. We discuss about a testament inheritance made to a doctor who provided medical care to the testator for the disease which caused the death. Also, the priest who provided religious assistance when he was in the hospital can be an exceptional situation.

What does a will contain?

A will contains personal dates of the testator and the legatees, the future owner. It will be specified the assets and some dispositions about the dismissal or disinheritances.

How many types of will can be?

We can discuss about holographic will which represents an act concluded by handwriting, dated, and signed by the testator. No further formalities are required, like the authentification of the notary.

In the case of an authentic will, you have to authenticity the act at the notary besides the handwriting part. This way could be a better one if you want to make sure the will is legally made.

It is interesting to know you can face exceptional situations and you can make a will call “privileged”, like the one made in front of a doctor, if the notary doesn’t have access and you are in a hospital.

However, what is a testament inheritance?

A testament inheritance is a disposition in a will where the testator specifies if he will transmit an asset to a person, a part of the patrimony, or the entire one.

This is:

  • a universal testament inheritance – the possibility to acquire the entire patrimony
  • a testament inheritance with a universal title – the possibility to acquire just a part of it
  • a testament inheritance with a particular title – the possibility to acquire a certain asset

Can you revoke it?

Yes, but in certain conditions. If you sold the asset, you no longer want to leave it to that beneficiary from your will. A revocation can also be appealed in court, if the testator left a testament inheritance only on the condition of fulfilling certain requirements or if the legatee has in some way endangered his life.

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