ABOLITION OF THE DEEDS OF THE DECEASED BY THE HEIRS OF THE DEEDS OF THE DECEASED BY THE HEIRS Cover Image

ABOLITION OF THE DEEDS OF THE DECEASED BY THE HEIRS OF THE DEEDS OF THE DECEASED BY THE HEIRS
ABOLITION OF THE DEEDS OF THE DECEASED BY THE HEIRS OF THE DEEDS OF THE DECEASED BY THE HEIRS

Author(s): Andra Florentina Calu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: successors; legal documents; act of heir; notary public; property; reduction of excessive liberalities; cancellation;

Summary/Abstract: When a person dies, his rights and obligations are transferred to his/her legal heirs or heirs designated by will. Regarding the deeds of the deceased, the heirs can cancel or replace them to protect their property or fulfil their obligations. To cancel the deeds of the deceased, the heirs must obtain a death certificate and a notarized copy of the will, if there is one. Other documents may also be required to prove their status as heirs and to prove that they have the legal authority to carry out these actions. The certificate of heir is, in essence, an authentic and consensual act that can be drawn up exclusively by the notary public, with the procedure provided by law. If a person dies, the heirs can request the annulment of the deceased's deeds in certain circumstances, such as the discovery of vices of consent, fraud or other wrongful acts that could make these deeds void or voidable. These actions are obtainable in court and must be accompanied by solid evidence to support the claims made by the heirs. Donation revocability refers to the donor's right to cancel or revoke a previously made donation, which can be important if the donor wants to change the distribution of his wealth in the most efficient way or if circumstances change after the donation has been made. In certain cases, donations may be revocable in relation to reserved heirs, that is, those who have the legal right to receive a certain part of the donor's estate at the time of his death. In this case, the donor can revoke part of the donation so that he can ensure a fair distribution of his wealth according to the law.

  • Issue Year: XII/2023
  • Issue No: XII
  • Page Range: 487-510
  • Page Count: 24
  • Language: English