The testamentary is a form of property transferred by one person to another, whisch takes effect after the testator’s death. In the practice of distributing inheritances, testamentary grants frequently give way to legal issues if the transfer exceeds the limits set by law and reduces the rights of the heirs. Therefore, there is necessary to pay attention to the limitations on testamentary gifts to ensure legal protection of the heirs’ rights and to ensure the fairness of the distribution of the inheritance. The purpose of this study is to examine how the limitations on testamentary gifts are implemented in the distribution of inherited assets. The results of this study showed that restrictions on testamentary gifts in the distribution of an inheritance are enforced by reducing (inkorting) the value of the legacy, so that all heirs can receive their statutory share (legitime portie).
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