Civil-legal regulation of will interpretation by heirs: problem aspects of determining content elements.

Abstract

The article analyzes the civil law regulation of will interpretation by heirs. The generic concept of "testament interpretation" is defined through the unity of interpretation-clarification and interpretation-clarification of the testator's valid expression of will. The position is expressed that the results of the interpretation of the will should not be recognized as a separate element in the structure of the concept of "interpretation of the will", but it is advisable to include them in the interpretation-clarification. The position on the application of the civil law rule on the interpretation of the will is substantiated to the cases of interpretation of the will by one heir. Proposed criteria for the classification of will interpretation. The relationship between the norms on the interpretation of the deed (Article 213 of the Civil Code of Ukraine) and the interpretation of the will (Article 1256 of the Civil Code of Ukraine) has been established. It was established that as a general and a special norm, Art. 213 and Part 2 of Art. 1256 of the Central Committee of Ukraine. It was concluded that the procedure of judicial interpretation of the deed can be applied only to the process of judicial interpretation of the will. The position on the expediency of additional legislative regulation of the procedure of interpretation of the will by heirs is substantiated.
 The position on the provision in the current civil legislation of the possibility of concluding an agreement on the distribution of inherited property between the heirs based on the results of the interpretation of the will is favorably evaluated. It is stated that the interpretation of the will by the heirs after the opening of the inheritance is the primary stage of the realization of the right to inheritance. In contrast to the interpretation of the will by the heirs, the basis for the interpretation of the will by the court is the existence of a dispute between the parties to the deed regarding inaccuracies in its content. Attention is focused on the peculiarities of the interpretation of the will by the heirs during the war or state of emergency. The moment of interpretation of the will by the heirs under such circumstances may be postponed to the period of restoration of the opportunity to register the inheritance case in the Inheritance Register. The position of recognizing the right to interpret the will only for the heirs under the will is supported. It was established that the interpretation of the will by the heirs and the court is subject to a common goal - to establish the valid will of the testator regarding the disposal of the inherited property after his death.