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The principle of freedom of the will as a fundamental principle of inheritance law

Mikhailova Alexandra Sergeevna  (candidate of law Sciences, associate Professor of the North Caucasian branch of"Russian State Univercity of justice" (Krasnodar))

This article describes the principle of freedom of the will in the domestic law. At the end of the article the author makes the conclusion that currently the legislator limits the possibility of implementing the principle of freedom of the will. Because there are situations when the law gives the testator the opportunity to make a new will as there is a notarized will, whereby, for inheritance is called an unworthy heir, unless his guilt is proven in court. Thus, it seems reasonable to eliminate the limitation of the principle of freedom of the will, regarding the impossibility of the abolition of notarized or closed wills, last will and Testament in extraordinary circumstances.

Keywords:the principle of freedom, law of succession, the will, the share in the inheritance.
 

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Citation link:
Mikhailova A. S. The principle of freedom of the will as a fundamental principle of inheritance law // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2016. -№12. -С. 92-95
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