What Is a Testamentary Disposition and How Can It Be Made?
Wills and Inheritance Agreements
Prepared by: Constantinople
Short Answer
If you want to determine how your assets will be dealt with after your death, the appropriate legal instrument must first be selected. Testamentary dispositions can take the form of wills and inheritance agreements. We examine your objective, family circumstances and existing obligations together. Distinguishing the form of the transaction from the benefit it provides, we explain the disposition that can be prepared and the limits requiring attention.
You may want to leave a property to a particular person, consider continuity of a family business or understand the effect of an existing will. These questions are not all resolved by the same document and rules. What is to be left, to whom and with what legal effect must first be understood. We assess the transaction type, its relationship to reserved shares and the validity conditions together. We therefore focus not only on preparing a text but on how it will operate alongside other documents and the assets as a whole.
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.
The Form and Content of a Transaction Differ
TMK 514 allows dispositions over all or part of a person’s assets through a will or inheritance agreement. This identifies the instrument used for the transaction. Appointing an heir or leaving a specific legacy concerns the contents of the document. For example, leaving a home and appointing someone to inherit a specified fraction do not have the same effect. We assess the intended objective through this distinction.
Wills and Agreements Differ in Their Binding Effect
A will is made unilaterally and may be revoked in compliance with statutory form (TMK 542). An inheritance agreement is a bilateral legal transaction, and its termination is governed by separate provisions (TMK 545–548). Preparing a new will where an earlier agreement exists should therefore not be seen as a way to remove the previous obligation automatically.
Both Capacity and Form Must Be Satisfied
Capacity to make a will is regulated by TMK 502 and capacity to make an inheritance agreement by TMK 503. A will may be official, holographic or, in the statutory extraordinary circumstances, oral (TMK 531–541). Clearly writing the intended outcome does not remove the need to satisfy the requirements of the chosen form. We check documents separately under these two headings.
The Scope of a Disposition Is Not Unlimited
The position of heirs with reserved shares and the disposable portion are assessed separately. Under TMK 514, the portion not disposed of passes to intestate heirs. Benefits exceeding the disposable portion may be subject to reduction (TMK 560). We consider share calculations alongside family and estate information, rather than from the disposition document alone.
What Do We Examine in Your Matter?
We Clarify the Objective
We distinguish objectives such as leaving a specific asset, appointing a person as an heir or imposing a charge. We also relate the structure of the real estate and company shares among the assets to that objective.
We Compare Earlier Documents
We read existing wills, inheritance agreements and matrimonial property documents together. We identify provisions that complement one another and conflicting obligations, and explain the necessary records research.
We Examine Practical Applicability
We consider identification of the asset, family records, capacity information and the procedure for executing the chosen instrument. We identify unresolved points and wording that may cause later disputes.
Frequently Asked Questions
Are a will and an inheritance agreement the same thing?
No. The creation, binding effect and termination of these documents differ. We do not determine which is suitable merely by their names without examining your objective and previously assumed obligations.
Must I list all assets before preparing a disposition?
It is sufficient to explain your objective briefly in your initial contact. After assessing suitability, we explain which family and asset information is needed according to the agreed scope of the review.
Related Inheritance Topics
Related Questions
Reference Sources
TMK 502–504, 514, 531–548, 560
Tell Us About Your Matter
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.