Journal article Open Access

Joint Will of Married Couples: Problems of Making and Fulfillment in Practice

M.O. Nimak

In the article both the features of testament to the joint will of married couples, that arise during the making of such will as well as those features that arise during inheritance of property on the basis of a will of married couple are investigated, and the author identifies and analyzes the problematic issues that appears about that.

The possibility of refusing a will, including a one-sided, its changing and cancellation is explored in the article.

The author determines a fate of parental estate in such situations if married couple make a joint will to the property which is documented on one of them and he die first; if married couple who make joint will divorced subsequently and divided property that was their community property; if one of the married couple is incapacitated and another one divorce their marriage; if, after the death of one of the married couple and the imposition of prohibition to alienate, the person who is substituted in joint will also dies etc.

A norm that the part in the community property in the case of death of one of the married couple passes to the other spouse, which causes some objection in the author, isn’t neglected too.

The author pays attention to the fact that neither the passing of the rights on the property, nor the prohibition to alienate happen automatically, this requires the will of person.

The author also notes that in the case of the death of one of the married couple the norms of obligatory part in the inheritance won’t apply to the relationships arising from the will of married couple.

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