BALANCING THE INTERESTS OF THE HEIR AND THE REJECTION RECIPIENT AS AN IMPORTANT PRINCIPLE OF LEGACY EXECUTION

Yavorsky Sergey A.

Based on an analysis of contemporary judicial practice and doctrinal provisions, the article identifies key legal conflicts arising in the execution of testamentary dispositions. It establishes that the protection of the rights of legatees by means of contract law alone is insufficiently effective. It identifies gaps in the procedural mechanisms of evidence and a lack of uniformity in notarial practice. The conclusion is made that specific legal instruments need to be developed for law enforcement agencies. Practical mechanisms for implementation are proposed: a clear algorithm of actions for legatees to formalise their rights, a detailed methodology for assessing the proportionality of the burden on the estate, and a simplified procedure for applying to a notary for execution. It is recommended that standardised forms of documents confirming the rights of the legatee be enshrined in law in order to minimise litigation.

Keywords:bequest, legatee, legatee, beneficiary, execution of bequest, balance of interests.