A Study of the Intention Effect on Rules Governing Inheritance by Will

Sokouti Nasimi, Reza; Rashidi Ahmad Abadi, Mohammad Reza

doi:10.30497/law.2016.1820

A Study of the Intention Effect on Rules Governing Inheritance by Will

Type : Research Article

Authors

Reza Sokouti Nasimi

Mohammad Reza Rashidi Ahmad Abadi

10.30497/law.2016.1820

Abstract

Lawyers and jurists have always studied intention as an essential element in contracts and one-sided dispositions and have investigated its relevant issues, but they have never focused on it as an effective element in inheritance, either independently or dependently, because they assume the rules governing inheritance to be peremptory norms. In this paper, we try to prove that a person can indirectly change the rules governing inheritance by will. In other words, we believe that the will is able to change these rules within its authority because there is no conflict between will and inheritance. Furthermore, some lawyers and jurists, in certain cases, have accepted the effects resulting from such wills. Thus, we investigate different forms of will (for example, deprivation from inheritance, changing the share of inheritance, etc.) which practically lead to this change. In relation to this, the viewpoints of lawmakers, lawyers, and jurists will also be mentioned and subsequently assessed.

Keywords

Intention

inheritance

peremptory norm

will