Testamentary Duty

Testamentary Duty

 

in civil law, the duty imposed on an heir under a will to perform certain obligations for the benefit of one or more persons, the beneficiaries of a testamentary duty. The beneficiary has the right to demand the performance of this obligation, for example, the transfer of certain articles to his ownership or use or the payment of sums of money. The heir is obliged to perform his testamentary duty only within the limits of the actual value of his inherited property after the testator’s debts have been paid. If the person on whom the testamentary duty was imposed does not accept the inheritance, the obligation to perform this duty is imposed on the other heirs who receive his share.

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