Substituțiile preventive reziduale – Perspective practice asupra unui mecanism succesoral hibrid
Preventive Residuary Substitutions – Practical Perspectives on a Hybrid Inheritance Mechanism

Summary/Abstract: Preventive Residuary Substitutions – Practical Perspectives on a Hybrid Inheritance Mechanism. The preventive residuary substitutions are generated by an express provision of the will or by an ancillary clause in a non-onerous contract, by which the beneficiary accepts the patrimonial transmission of the residuary segment of the inheritance towards the secondary beneficiaries nominated by the testator. The nominalization by the will of the secondary beneficiary facilitates the residuary acquisition of the bequest from the deceased beneficiary. The study focuses on the problematic of the preventive residuary substitution implying the secondary beneficiaries, on the basis of a vertical distribution of goods towards the testator’s descendants, in the hypotheses in which the first beneficiary was deceased at the moment on which the secondary beneficiary receives the gift. In these cases, the gradual non-onerous distribution of goods has no implications on the inheritance mechanism applicable on the first beneficiary’s estate and the secondary beneficiary’ rights are considered in direct causation with the testator’s will. Supplementary difficulties are raised by the retrospective evaluation procedure for the establishing of the residuary value of goods and for the potential reduction of the excessive bequests, also analyzed in a distinct section of our study. Based on the fact that in the first beneficiary’s estate there is a segment of residuary goods, the pecuniary value of which is necessary to be evaluated, supplementary expertise is compulsory. Finally, a fourth section is reserved for the analyzing of the residuary gifts / distribution of inheritance. Situated at the confluence of two distinct inheritance mechanisms, such as the distribution of goods between the testator’s descendants and the residuary bequest, the residuary gift is seen as an advanced payment from the inheritance whose beneficiaries are the testator’s descendants the indefeasible section of which is preserved. The final purpose of the residuary bequest, as well as the purpose of the residuary devises lies on the avoidance of the co-ownership of residuary goods between the testator’s descendants; should the residuary clause be invalid, the residuary estate will pass to the testator's heirs by intestacy.

• Details
• Contents