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A testamentary bequest: how to force an heir to carry out your will and protect your loved ones. "I bequeath the apartment to my grandson. BUT he is obligated to let his aunt live there for the rest of her life." And this is legal. Even if the grandson really wants to, he can't refuse. And the aunt can demand it. This is called a testamentary bequest. And today we'll figure out how to force an heir to carry out your will in favor of another person. WHAT IS A TESTIMONIAL BENEFIT? Explained in Simple Terms A testamentary bequest is an order from the testator to the heir to fulfill certain property obligations in favor of a third party. The legatee is the one who benefits from this order. However, they do not become the owner; they simply acquire the right to demand fulfillment. The law clearly regulates this: the testator has the right to impose on the heirs the fulfillment of any property obligation at the expense of the inheritance. In this case, the content of the will can only consist of such a waiver—not transferring property to the heir, but simply obligating them to do something for another person using the inheritance. A REAL-LIFE EXAMPLE: "Leave your aunt to live." Let's examine this form using the most understandable example. You are leaving an apartment to your grandson. But you have, for example, a younger sister. She is elderly, lives alone, and has no other living space. And you want her to be able to live out her days in this apartment. How should this be specified? According to the Civil Code, the heir to whom the residential premises are transferred can be obligated to grant another person the right to use the premises for the duration of that person's life or for a different period. What does this mean in practice? Your sister receives not a share in the apartment, but a right of lifelong residence. Even if your grandson later sells the apartment, your sister's right of residence will remain with the new owner. You can obligate an heir to pay money to another relative (for example, for medical treatment or simply a monthly allowance). · You can obligate them to pay for education, renovate another apartment, or transfer a specific item. The main thing is that the obligation is financial and feasible within the value of the inheritance. You cannot demand the impossible. WHO IS THIS SUITABLE FOR Who is it definitely suitable for: 1. Elderly people with disabled relatives who need housing or financial support after their death. 2. People with difficult family circumstances, such as a second marriage. 3. Those who want to reward or support a non-relative—for example, a grateful caregiver or neighbor. Who is not suitable: If you want absolute control, a life annuity agreement or inheritance agreement is better. If the heir may become insolvent, why burden them with impossible obligations? And the most important nuance: a testamentary bequest does not cancel the obligatory share in the inheritance. Disabled dependents can still claim their share, and then your plan may not work out as planned. Main disadvantages for the heir: Decrease in property value: the heir receives property encumbered by the right of use, which often makes it impossible to sell the property at market value. Financial obligations: the execution of the bequest (periodic payments, purchase of housing) may exceed the actual value of the inheritance. Lifetime occupancy: If the bequest concerns the right of occupancy, the heir cannot evict the "besenter," even if they themselves do not own a home. Time limits: the right of renunciation is valid for three years, creating long-term uncertainty. CONCLUSION A testamentary bequest is a powerful tool for ensuring that your wishes are carried out even after your death. However, it requires pinpoint precision in its wording. Don't try to write it yourself. Go to a notary and discuss everything you want. The notary will help you formulate your will so that no one can challenge it. Remember: your inheritance isn't just assets. It's also your opportunity to take care of your loved ones. A question for you: have you considered this option? Let me know in the comments—I'd love to hear your thoughts. Your Own Lawyer is committed to ensuring your last will and testament is carried out!