The inheritor
and the legatee

If there is a last will

The wishes of the testator, contained in his or her last will and testament, is the law of the inheritance, provided it complies with certain limitations such as those established by the reserved share regime or the limitation on the number of successive successors and therefore in the ordering of Trusts.

In the last will, the testator can determine the distribution of the inheritance and the liability for any debts in two ways, by appointing an inheritor and/or a legatee.

The inheritor is a successor, in which the legal personality of the deceased will continue. So the inheritor succeeds in the ownership of the assets which are not specifically bequeathed and assumes the responsibilities and obligations of the deceased (Liability on the deceased’s debts ). Ownership and liability will be shared jointly by inheritors, as the testator states in the will.

The testator can predict that the named inheritor will not actually exist, or will not be capable of inheriting, or will reject the inheritance, and therefore name a substitute.

If there is no substitute named and two or more inheritors are named without any distinction between shares, or by equal shares, or by any other expression which does not imply a particular share or particular assets, the right of accretion will take effect and the inheritors who can and do accept the inheritance will acquire the shares of those who can not or those who reject the inheritance.

As the will of the testator is the law of the inheritance, the testator can order the application of the right of accretion in preference to the named substitute.

Finally, if there is a last will, but no inheritor named in it, or the named inheritor rejects the inheritance, is unable to succeed or doesn’t exist at the time of the opening of the inheritance , and if there is no right of accretion, the inheritor will be the legal inheritor.

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