Jurisprudential Analysis of the Status of Taking Possession of Bequest (Legacy) as a Result of Murdering a Testator by the Legatee

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MASJEDSARAIE HAMID; Pourlotfollah Hasan; Elhami Reza

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Journal Paper

Paper Information

Journal: Civil Jurisprudence Doctrines Year:2023 | Volume:15 | Issue:28 Page(s): 291-318

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Information Journal Paper

Title

Jurisprudential Analysis of the Status of Taking Possession of Bequest (Legacy) as a Result of Murdering a Testator by the Legatee

Author(s)

MASJEDSARAIE HAMID | Pourlotfollah Hasan | Elhami Reza | Issue Writer Certificate

Keywords

Testamentary disposition (testament for disposition of personal property) Murder

Prevention

Inheritance

Testator

Legatee

Abstract

The murder of the Testator by the heir in testamentary disposition (testament for disposition of personal property), while challenging and lacking in research background, raises the question of whether such a murder can deprive the Legatee of taking possession of the bequest (legacy). Three jurisprudential views based on the investigations can be considered in this regard that the murder of the Testator by the Legatee has no effect on taking position of the Legatee according to the famous view and the Legatee is still the owner of the bequest (legacy). However, two other views, in a little detail, are based on the fact that murdering a Testator by the Legatee as in the case of Inheritance would prevent the Legatee from the bequest (legacy). The present article considers the famous theory acceptable by using a descriptive-analytical method and using library resources, while critically analyzing and evaluating the jurisprudential fundamentals of the proposed views and also considers the Prevention of the Legatee from the bequest more acceptable by arguing that on the one hand, no evidence that stipulates the Prevention of murdering from testamentary disposition (testament for disposition of personal property) and the absoluteness of verses, traditions and principle as the main reason for the famous point of view, each of them can be undermined in some ways and does not have the authority to prove the famous point of view.

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