Article 1138 of the Civil Code of the Russian Federation. Execution of a testamentary refusal

New edition of Art. 1138 Civil Code of the Russian Federation

1. The heir to whom the testator has entrusted a testamentary refusal must fulfill it within the limits of the value of the inheritance passed to him minus the debts of the testator attributable to him.

If the heir to whom the testamentary refusal is entrusted has the right to an obligatory share in the inheritance, his obligation to fulfill the refusal is limited to the value of the inheritance transferred to him, which exceeds the size of his obligatory share.

2. If a testamentary refusal is assigned to several heirs, such refusal burdens the right of each of them to inheritance in proportion to his share in the inheritance insofar as the will does not provide otherwise.

3. If the legatee died before the opening of the inheritance or at the same time as the testator, or refused to receive a testamentary refusal (Article 1160) or did not exercise his right to receive a testamentary refusal within three years from the date of opening of the inheritance, or lost the right to receive a testamentary refusal in accordance with with the rules of Article 1117 of this Code, an heir obligated to execute a testamentary refusal is released from this obligation, except for the case when another legatee is assigned to the legatee.

Definition of the concept of “testamentary assignment”

A testamentary assignment is one of the types of additional testamentary dispositions (along with a testamentary refusal).

A testamentary assignment is an instruction contained in a will that entrusts certain heirs with the performance of certain actions (for example, maintaining the pets left behind).

A testamentary assignment is a type of testamentary disposition that imposes on one or more heirs by will or by law the obligation to perform any action of a property or non-property nature, aimed at achieving a generally beneficial purpose or at achieving another goal that does not contradict the law, including the action of burying the testator in accordance with his will (Article 1139 of the Civil Code of the Russian Federation).

The same obligation may be assigned to the executor of a will, provided that a part of the inherited property is allocated in the will for the execution of the testamentary assignment.

Thus, a testamentary assignment may extend:

• to heirs under a will;
• to heirs by law;
• on the executors of the will (executors), subject to the allocation in the will of a part of the inherited property for the execution of the testamentary assignment.

Execution of a will

While establishing general rules for the execution and procedure for making a will, the law imposes a number of special requirements for the execution of a closed will, a will in emergency circumstances and testamentary disposition of rights to funds in banks.

An absolute novelty of the Civil Code of the Russian Federation in 2001. is a closed will. The main purpose of establishing this form of will is to ensure the most complete preservation of the secrecy of the testamentary disposition. A closed will is drawn up and signed by the testator with his own hand, and handed over to the notary in a closed envelope, while no one, including the notary, is notified of the contents of the will. For a closed will to be valid, it must be deposited with a notary by performing a number of actions: a) transferring to the notary in the presence of two witnesses a sealed envelope with the will; b) affixing the signatures of two witnesses on the envelope; c) sealing by a notary of the envelope with the will into another envelope in the presence of the same witnesses; d) the notary makes an inscription on the second envelope about the acceptance of the will (the inscription includes information about the testator, the place and date of acceptance of the will, the names and places of residence of witnesses); e) an explanation to the testator of the rule on the right to an obligatory inheritance (Article 1149 of the Civil Code of the Russian Federation), indicating this on the envelope; f) acceptance of a closed will for storage with the issuance to the testator of an appropriate document confirming the fact of acceptance of the closed will.

Execution of a closed will occurs after its opening. The autopsy is performed no later than 15 days after the notary receives the death certificate of the testator in the presence of two witnesses and interested persons from among the legal heirs who wish to be present. After opening, the notary reads out the text of the will, draws up a protocol certifying the opening of the envelope, which is signed by the notary and two witnesses, and gives the heirs a notarized copy of the protocol. The original will and protocol are kept by the notary.

A will in emergency circumstances is a forced measure of the Russian legislator. This form of will is designed for increasingly frequent cases of hostage-taking, for situations in conditions of accidents, catastrophes, natural disasters, when there are circumstances that threaten the life of a person, depriving him of the opportunity to draw up a will in a notarial or other form provided for by law. Such a will can be drawn up in simple written form by the testator in his own hand in the presence of two witnesses. Such a will is subject to execution only after it has been established that the will was executed in emergency circumstances (Articles 264-268 of the Code of Civil Procedure of the Russian Federation). However, if within a month after the termination of the emergency circumstances, the person does not make a will in any of the forms specified above, the will drawn up in emergency circumstances shall become invalid.

A testamentary disposition of rights to funds in a bank has the force of a notarized will.

In the event of death, a citizen has the right to dispose of the rights to funds held in banks and other credit institutions by drawing up a will according to the general rules established by Articles 1124-1127 of the Civil Code of the Russian Federation, or by making a special document - a testamentary disposition.

The main legal requirement for a testamentary disposition is that it must be made in the bank where the corresponding account is located.

The subject of a testamentary disposition may be rights to funds:

• Contributions made on the basis of a bank deposit agreement (Article 834-844 of the Civil Code of the Russian Federation). In this case, the type of deposit (demand deposit, time deposit) does not matter.
• Located in foreign currency, current and other accounts in banks and other credit institutions on the basis of a bank account (Article 845-860 of the Civil Code of the Russian Federation).

A testamentary disposition must be made in writing with

indicating the date of its preparation, signed by the testator in his own hand and certified by a bank employee who has the right to accept for execution the client’s orders regarding the funds in her account.

The execution of a testamentary disposition of rights to funds in banks is carried out in accordance with the general rules of inheritance.

Funds are issued to heirs depending on the specific case based on:

• Certificates of the right to inheritance by will or by law, issued by a notary or consular official of the Russian Federation;
• Notary decisions on compensation of expenses caused by the death of the testator;
• A certificate issued by a notary to the executor of the will;
• Certificates of ownership of a share in property jointly owned by spouses, issued by a notary or consular officer of the Russian Federation;
• Copies of a court decision with a note on its entry into legal force or a writ of execution in the event of a judicial review of the case.

Testamentary assignment from 09/01/2018

Please note that until September 1, 2021, in paragraph 1 of Article 1139 of the Civil Code of the Russian Federation, a testamentary disposition was understood as imposing an obligation to perform actions of a property or non-property nature aimed at achieving a generally beneficial purpose.

From 09/01/2018, this norm was supplemented with the following words:

“or for the implementation of another purpose that does not contradict the law, including the burial of the testator in accordance with his will.”

Even before the adoption of these amendments, it was noted in the literature that the generally beneficial purpose of such an assignment, despite its purely private nature, is expressed in the traditional sense of respect and moral duty in a developed society in relation to the will of the testator to rest in a certain way.

How to compose

The legacy or assignment must be reflected in the written order of the testator. At the same time, according to paragraph 1 of Art. 1137 of the Civil Code of the Russian Federation, a will may consist entirely only of a testamentary refusal.

In Art. 1124 of the Civil Code of the Russian Federation states that the will to dispose of property after death is drawn up in writing and certified by a notary. The notary establishes the identity and legal capacity of the testator, signs the document and leaves a seal on it.

There should be no ambiguous interpretations in a legacy or assignment, and persons cannot be obligated to commit illegal actions. The subject of refusal may be:

• provision of services or performance of work in favor of the legatee;
• granting property rights to inherited objects;
• making periodic payments in favor of the legatee;
• acquisition of any property for him.

The list of property obligations is open and has no restrictions.

Example

Citizen Polubin D.V. drew up a will, in which he determined that the apartment belonging to him after death would go to his son Sergei. At the same time, Sergey must provide one of the rooms for permanent residence to D.V. Polyubin’s cohabitant. - Svetlana. That is, Svetlana has the right to live in the room allocated to her until her death. When re-registering the rights to the apartment after the death of his father, Sergei will receive an extract, which will indicate the encumbrance on the property in the form of Svetlana’s lifelong residence.

Testamentary contributions include:

• funeral arrangements for the testator;
• assignment of responsibilities for maintaining the deceased’s pets;
• installation of a monument or memorial plaque;
• transfer of the deceased's money to a charitable foundation.

The list of obligations that the testator can assign to the persons specified in the will is open.

Example

Krivtsova E.B. She made a will during her lifetime, in which she assigned the responsibility for conducting funeral arrangements to her friend A.V. Luzina. She bequeathed her property to her daughter Elena, and ordered the burial and installation of a tombstone to be carried out at the expense of a bank deposit.

When drawing up a testamentary disposition, the testator may appoint another person who is obliged to carry out his will in the event of the death or refusal of the inheritance of the main executor.

What is the generally beneficial purpose of a testamentary assignment?

The law does not provide the concept of a “generally beneficial purpose”; accordingly, this concept is evaluative. These goals can be understood as:

• social, charitable, cultural, educational, scientific and management purposes;
• the goals of protecting the health of citizens, developing physical culture and sports, satisfying the spiritual and other non-material needs of citizens, protecting the rights and legitimate interests of citizens and organizations, resolving disputes and conflicts, providing legal assistance;
• other goals aimed at achieving public benefits (Article 2 of the Federal Law of January 12, 1996 N 7-FZ “On Non-Profit Organizations”).

The generally beneficial purpose, depending on the circle of persons in whose interests the testamentary assignment is established, can be understood as:

• a goal useful for society and the state as a whole (cultural, charitable, educational, scientific and similar goals);
• a goal useful for a certain circle of people with an indefinite number of people or a separate social group (persons of a certain profession, pensioners, people living in a certain area, etc.). An example is the imposition on the heir or executor of the obligation to transfer funds in favor of any category of seriously ill people to the appropriate medical institution or fund for helping such patients). Another example would be providing financial support to students of an educational institution.

But, for example, imposing the obligation to transfer funds in favor of a specific medical institution (for example, Central Bank No. 1 of Kaluga), or a specific higher educational institution (for example, Lomonosov Moscow State University) will be an example of a testamentary refusal, and not an assignment, since the beneficiary is clearly defined (a specific hospital and a specific university).

Examples of legates

Example 1. Ivanov drew up a will, which states that his eldest daughter inherits a private house, and his youngest daughter receives the land under the house upon refusal. The sisters had disputes over several issues:

1. How many hectares of land can the younger sister use?
2. Can the elder one use the same area and under what circumstances?
3. Does the youngest become a sub-heir to the house and under what conditions?
4. Can the sisters, having made mutual compensation, exchange their shares?

To avoid disputes that arose during the acceptance of the inheritance, the testator had to think through in advance all possible options for resolving such disputes.

In judicial practice, there are often cases when heirs, equal in rights under the law, dispute the conditions for using the right to inherited property

Example 2. Petrov indicated in the refusal that the right to use the apartment is transferred to his son, but only until marriage. And the right to dispose of this apartment passed to the daughter of the will. The son of the legatee married only 10 years after accepting the inheritance, and in accordance with Article 33 of the Housing Code of the Russian Federation, during the entire period of his right to pay utility bills and compensate his sister for losses associated with the maintenance of housing. The testator did not indicate the following nuances in the will:

1. Under what conditions may the legatee not bear the costs of maintaining the housing if he does not use it?
2. How else can the legatee use the apartment (other than living).
3. Should the daughter and how exactly reimburse the legatee for part of the expenses?

Petrov’s son and daughter had to go to court to challenge the testamentary refusal, since they were unable to reach an amicable agreement.

The difference between a testamentary assignment and a testamentary refusal

Testamentary assignment:

1. goal: the implementation of a generally beneficial goal or another goal that does not contradict the law;
2. the subject to whom the results of the actions are intended: an indefinite number of persons, a specific beneficiary is not indicated;
3. involves the implementation of actions of both a property and non-property nature
4. implies the possibility of appointing not only heirs, but also other persons (executor of the will) as executors of a will, provided that a portion of the inherited property is allocated in the will for the execution of the testamentary assignment
5. The validity of the right to demand the execution of testamentary contributions, the subject of which are actions of a non-property nature, is not limited to a three-year period (clause 2 of Article 1139 of the Civil Code of the Russian Federation).

Testamentary refusal:

1. purpose: providing property benefits to a specific person;
2. the subject to whom the results of the actions are intended: a specific person – the beneficiary;
3. involves the implementation of actions of a property nature only.
4. implies the possibility of appointing only heirs as executors of a will
5. the validity of the right to demand execution of a testamentary refusal is limited to a three-year period

Obligations of the legatee

A testamentary refusal is inherently a unilateral transaction, therefore only the heir has obligations regarding its execution.

Accordingly, the legal status of the legatee and the heir differ. There is no obligation on the legatee to accept a testamentary refusal; therefore, he may, at his own discretion, refuse to accept it or not take any action regarding its acceptance, which will also be tantamount to refusal.

This type of failure is called passive. The right to change one's wish and request a waiver will remain with the legatee for 3 years.

The legatee may refuse to accept the refusal in an active manner. To do this, he must visit a notary and document his desire not to accept the refusal. In this case, the heir will not have to wait for three years for a possible claim regarding the execution of the refusal.

What rules on the execution of a will apply to the assignment

To a testamentary assignment, the subject of which are actions of a property nature, the rules of Art. 1138 of the Civil Code of the Russian Federation on the execution of a testamentary refusal:

“The heir, who is entrusted by the testator with the obligation to perform an action aimed at achieving a generally beneficial goal, must fulfill it within the limits of the value of the inheritance passed to him minus the debts of the testator attributable to him.

If the heir who is entrusted with the specified actions has the right to an obligatory share in the inheritance, his obligation to fulfill the assignment is limited to the value of the inheritance transferred to him, which exceeds the size of his obligatory share.”

Rights of the legatee

The main right of the legatee is to demand that the heir receive a testamentary refusal.

According to the general rules, the heir's obligation to fulfill the legacy arises from the moment the legatee confirms his desire to exercise the right granted to him by law and demand a legacy.

The desire of the legatee must be accompanied by certain actions indicating the intention to accept the legacy.

A testamentary refusal is an encumbrance, and therefore the rights of the legatee do not terminate even if the heir alienates the property or leases it out.

The rights of the legatee under a will are limited in time, that is, they have a limited validity period, which is established by the legislator at 3 years from the date of opening of the inheritance.

After the expiration of the established period, the right to receive the refusal is terminated, and the heir is released from the need to fulfill it.

Unlike the limitation period, this period cannot be restored, even if the reasons for missing it were valid.

The legatee has the right not to accept the legacy. Such a refusal can only be unconditional. However, at the same time, he cannot transfer these rights to other persons, since such actions are actually a violation of the will of the testator, and also violate the interests of the heir, who is burdened with the right to execute the testamentary refusal.

If the legatee is also an heir, his rights regarding inheritance and receipt of a will have a different legal nature and are independent of each other, despite the fact that the person has two statuses at the same time.

In other words, the right to accept or refuse an inheritance does not affect the right to receive or refuse a will.

Relations that arise on the basis of a testamentary refusal are not hereditary, but obligatory.

The legatee and the heir are in relation to each other a debtor and a creditor. However, the rights of the legatee and other creditors regarding the claim of the debt are not equal. In this case, creditors have a priority right to claim the debt.

If the testamentary assignment is not executed voluntarily

If a testamentary assignment is not voluntarily executed, then interested parties have the right to demand execution of the assignment in court. In this case, the following have the right to go to court:

• interested parties (which may include any persons in whose favor these actions are performed; non-profit organizations authorized to act in defense of public organizations, as well as state authorities and local governments whose competence includes the implementation of any activity aimed at achieving those goals) or similar generally useful purposes);
• executor of the will;
• any of the heirs, unless otherwise provided in the will.

The right to demand the execution of a testamentary assignment, the subject of which is actions of a property nature, is valid for three years from the date of opening of the inheritance.

From paragraph 2 of Art. 1139 of the Civil Code of the Russian Federation it follows that the legal regime established for testamentary refusal does not apply to testamentary assignment, the subject of which is actions of a non-property nature. The following does not apply to such testamentary assignments:

• the rule on their execution only within the limits of the value of the inherited property received;
• the validity of the right to demand the execution of such testamentary assignments is not limited to a three-year period.

Will form

The form of a will is a guarantee that the last will of the testator will be carried out. The preferred form is a notarized will. A will is a strictly formal document, so there are certain rules for its preparation:

a) the will is drawn up strictly personally, it cannot be drawn up through a representative;

b) the testator must have full legal capacity, although in the light of Article 21 of the Civil Code of the Russian Federation of 1994, legal capacity may occur before the person reaches the age of majority;

c) it is not allowed to draw up a will by two or more persons; this transaction is of a purely personal nature;

d) a will, as a general rule, is subject to notarization;

e) the circle of persons who can be witnesses, executors when drawing up a will and can certify it is strictly limited (Part 2 of Article 1124 of the Civil Code of the Russian Federation);

f) the absence of witnesses, when their presence is mandatory by law, entails the nullity of the will, and the failure of witnesses to meet the criteria specified in Part 2 of Article 1124 is the basis for the will to be contestable;

g) the will must indicate the place and date of its preparation, except for a closed will.

When certifying a will, a notary checks the legal capacity of the testator, ascertains his actual will, testifies to the voluntariness of drawing up the will and explains the provisions of the law on necessary heirs. The testator reads the will and personally signs it in the presence of a notary. The notary certifies the will, keeps a copy of it and makes a corresponding entry in the register. If necessary, the personal signature of the testator replaces the assault. The presence of a witness when certifying a will by a notary is possible, but not required. The notary is obliged to keep secret not only the contents of the will, but also the very fact of applying to him to draw up a will until the death of the testator, and also to warn the witness and executor about this. It is obligatory to clarify the rule about the obligatory share in the inheritance, about which a mandatory note is made in the will.

The following wills are considered to be notarized:

• wills of citizens undergoing treatment in hospitals, public hospitals, other inpatient medical institutions, or living in homes for the elderly and disabled, certified by the chief doctors, their deputies for medical affairs or the doctors on duty of these hospitals, hospitals and other inpatient medical institutions, as well as heads hospitals, directors and chief doctors of homes for the elderly and disabled;
• wills of citizens who are sailing on ships or vessels flying the State Flag of the Russian Federation, certified by the captains of these ships;
• wills of citizens on exploration, Arctic or other similar expeditions, certified by the heads of these expeditions;
• wills of military personnel, and in the locations of military units where there are no notaries, also wills of civilians working in these units, members of their families and family members of military personnel, certified by the commanders of military units;
• wills of persons in places of deprivation of liberty, certified by the head of the place of deprivation of liberty. If a will is drawn up by a citizen of the Russian Federation outside Russia, it is certified by an official of the consular office of the Russian Federation.

All rules regarding notarization of a will apply to such a will; in addition, the Civil Code of the Russian Federation of 2001 introduced a number of new rules:

• a witness must be present when signing and certifying the will;
• these officials must take all measures to invite a notary and only if this is not possible are obliged to certify the will;
• at the first opportunity, the will through the justice authorities (or directly) must be sent to the notary at the place of residence of the testator.

Transfer to other heirs of the obligation to fulfill the testamentary assignment

The obligation to execute a testamentary assignment for the heir arises only if he accepts the inheritance.

If the share of the inheritance due to the heir who was entrusted with the obligation to fulfill the testamentary assignment passes to other heirs, the latter are obliged to fulfill such assignment, unless otherwise follows from the will or law (Article 1140 of the Civil Code of the Russian Federation).

The obligation to fulfill the testamentary assignment passes along with the inheritance share to other heirs if they accept the inheritance:

• by right of representation (Article 1146 of the Civil Code of the Russian Federation);
• in the order of hereditary transmission (Article 1156 of the Civil Code of the Russian Federation);
• as a result of the heir’s refusal of the inheritance in favor of another heir from among the heirs by will or heirs by law (Articles 1157, 1158 of the Civil Code of the Russian Federation) and the acceptance of the inheritance by this heir (Article 1161 of the Civil Code of the Russian Federation);
• as a sub-designated heir (another heir indicated in the will in case the heir at law or the named heir in the will dies, or does not accept the inheritance, or refuses it, etc.) (Articles 1121, 1161 of the Civil Code of the Russian Federation);
• as escheated property (transfers by inheritance by law into the property of the Russian Federation, constituent entities of the Russian Federation or into the property of a municipal entity in the event that there are no heirs both by law and by will, or none of the heirs have the right to inherit, or none of the heirs accepted inheritances, etc. (Article 1151 of the Civil Code of the Russian Federation).

Will: concept and principles

A will is a personal disposition of a citizen’s property in the event of death.

Several features of a will are highlighted: a) a will is a one-sided transaction; b) a will is a fiduciary transaction, and drawing up a will through a representative is not allowed; c) it is not allowed to draw up joint wills of two or more persons; d) a testator can only be a person who is fully capable at the time of its preparation.

In Russia today there are several principles for drawing up a will.

The principle of freedom of testamentary dispositions. An heir under a will can be any individual, as well as legal entities, the state and municipalities, foreign states and international organizations.

The testator has the right to freely determine the circle of heirs, their shares in the inheritance, and may deprive heirs of inheritance by law or make special testamentary dispositions. Individuals do not have to be relatives of the testator. In this case, sub-heirs may be appointed in the event that the appointed heir dies before the opening of the inheritance, does not accept it, refuses it, or is deprived of the right to inherit property. The testator can indicate specific property in the will or not indicate it, making a disposition of the type “all my property that turns out to belong to me on the day of death.” As a general rule, the shares of the heirs, if they are not determined by the will, are equal. Freedom of testament is limited only to ensuring the interests of minors and (or) disabled heirs according to the law of the first priority, as well as the testator’s dependents (Article 1149 of the Civil Code of the Russian Federation).

The principle of secrecy of a will: the testator is not obliged to inform anyone about the existence of a will and its contents, and all persons who participated in the preparation and certification of the will are obliged to keep secret information about the fact of drawing up, amending and revoking the will and its contents. If the secrecy of a will is violated, the testator has the right to demand compensation for moral damage and apply other methods of protecting civil rights provided for by civil law.

Imposition of responsibility for maintaining the testator's pets

A type of testamentary assignment is the provision of paragraph. 2, paragraph 1, Article 1139 of the Civil Code of the Russian Federation, according to which the testator also has the right to impose on one or more heirs the obligation to maintain the testator’s pets, as well as to provide the necessary supervision and care for them.

The position of the legislator is apparently based on the fact that the responsibilities for keeping, supervising and caring for domestic animals are both property and non-property and are aimed at achieving a generally beneficial goal.

It is believed that the generally beneficial goal in this case is to satisfy the social need for humane treatment of animals. Another opinion is that one of the results of these actions is a reduction in the number of stray animals that spread various infections and pose an obvious danger to society as a whole and its individual members).

The disadvantages of this rule of law are the difficulty of implementing a testamentary assignment in the absence of the heir’s desire to take care of the testator’s animals. Execution of the will of the testator (without legal consequences for the heir or executor of the will) may not be executed due to the following:

• the legislation does not regulate the legal mechanism for imposing duties on keeping, supervising and caring for pets;
• the law does not have a system for monitoring the execution of the testator’s orders obliging him to keep his pets and provide the necessary supervision and care for them (the law does not name either the bodies or persons responsible for monitoring the fulfillment of such duties by the heir);
• The law does not provide for liability measures for heirs or executors of a will for failure to fulfill or improper performance of their duties in relation to pets. This state of affairs provides the heirs with ample opportunities to evade the fulfillment or improper performance of the duties assigned to them, and therefore the expectations of the testators risk being unrealized.

Death of the legatee

The death of the legatee is the basis for termination of obligations to execute the legacy. The legatee does not have the right to transfer his rights to receive it by will or in any other way. However, this right is vested in the testator.

Civil legislation in this case allows sub-appointment. That is, the person making the will, when choosing a legatee, can simultaneously determine one more additional legatee who will have the right to receive a testamentary refusal in the event that the main legatee dies before the inheritance is opened, refuses or loses such a right.

Thus, a testamentary refusal is a fairly convenient and effective way to allocate property benefits to a certain person after the death of the testator and without creating inheritance relations.

In addition, the legatee, in comparison with the heir, is in a special position, which allows him not to be liable for the debts of the testator.

Author of the article

In what case is a testamentary assignment an encumbrance on property?

A testamentary assignment may be an encumbrance on the rights of heirs in relation to certain property. The contents of the testamentary assignment must be specified in the certificate of the right to inheritance issued to the heir obligated under such assignment. However, if the testamentary assignment does not encumber specific property, or by the day the certificate of the right to inheritance is issued, the assignment has been fulfilled, the certificate of the right to inheritance is issued without instructions on the assignment.

Alexander Otrokhov, 10/03/2018

What obligations can be assigned to the heir?

In a will, the owner of the property can oblige the heir to perform a number of actions.

These include:

1. A one-time payment to the legatee of a certain amount of money. If the testator owed someone, but the loan was not formalized by an agreement or receipt.
2. Granting the right to use property. Most often, such an obligation is established in relation to a property. For example, the possibility of living in an apartment or house for the rest of your life. After the death of the recipient, the right to reside in the apartment does not pass to his heirs. But there is a nuance here. The will may appoint a legatee. This could be a child or other relative of the main recipient, or a complete stranger. The law does not limit the testator's appointment.
3. Since alimony obligations are not inherited, in order to provide for his child, the testator may oblige the heir to make periodic payments from the transferred property.
4. Transfer of some items from the hereditary mass (both into ownership and simply into possession).
5. Transfer is possible not only in relation to the thing itself. Certain property rights can also be transferred. For example, if a testator lent money to someone, he can transfer the right to collect the debt through a testamentary refusal.
6. Performing any work for the legatee, or providing him with a service.
7. Purchasing something in order to give it away to the recipient.

The Civil Code of the Russian Federation leaves the list of such actions open. Those. the testator establishes any obligations for the heirs that do not contradict the law.