Legal Problems of Realization of Testamentary Refusal

Abstract

In the proposed article, on the basis of the analysis of modern Russian legislation, the most urgent problems associated with testamentary refusal are considered. The authors of the article have tried to define the concept of testamentary refusal, to identify the conditions for its implementation, to designate the circle of persons in whose favor the testamentary refusal is made. The problem of coincidence of the heir and the legacy in one person is noted. The authors have reviewed the legal case related to the testamentary refusal, identified some features of the right to use a dwelling on the basis of the legate, analyzed the validity of the right to claim the execution of the legate arising from the designated beneficiary, investigated the problem of notaries ’refusals to issue a certificate of legal rights, addressed the issue of institute of vindication (real) testamentary refusal. In conclusion, the authors formulated some proposals for improving the legal regulation of the implementation of the legate.