Distribution of estate by will according to the 2015 Civil Code – Current situation and some recommendations

Abstract

Distribution of estate by will is an activity performed by an authorised or competent subject using certain principles in order to distribute the estate in accordance with the will in different ways, in line with the basis for estate distribution prescribed by the law. At the same time, the process establishes ownership of the inherited estate after all property-related obligations have been fulfilled, eliminating the possibility that multiple people have inheritance rights over one or more properties left by the deceased. The article focuses on analysing the current legal provisions on the distribution of estate by wills related to: 1) payment of property-related obligations; 2) determining the heirs notwithstanding the will’s content and the deduction from other shares to make up for the legitimate shares of these heirs. On that basis, the author proposes some recommendations to improve the law on this issue.