One of the most commonly applied institutes of civil law is inheritance law. Section 10 of the Civil Code of the Republic of Azerbaijan specifically regulates legal norms related to inheritance and wills.
If inheritance matters are not properly planned, serious legal disputes may arise within the family. Therefore, correctly drafting a will is the most effective legal mechanism to prevent future risks.
What is Inheritance Law?
Inheritance law is a branch of law that governs the transfer of a deceased person’s property to legal heirs. According to legislation, inheritance can occur in two forms:
Statutory Inheritance
If there is no will or the will does not cover all property, inheritance is distributed according to the principle of legal succession established by law.
Testamentary Inheritance
A person may, during their lifetime, bequeath their property to chosen individuals (legal heirs or others) by preparing a will.
What is a Will and Why is it Important?
A will is a legal document that determines to whom and under what conditions a person’s property will pass after their death.
Main Advantages of a Will:
- Distribution of property according to personal wishes
- Prevention of family disputes
- Protection of individuals in special care situations
- Elimination of legal uncertainty
How Should a Will be Drafted?
Form of a Will
A will must be drafted in written form. Legislation allows two main forms:
Notarial Will
- Prepared and signed by the testator
- Certified by a notary (or executive authority)
- Date and place must be indicated
- If the testator cannot sign for physical reasons, another person may sign on their behalf upon request, which must be noted
Holographic (Handwritten) Will
According to Article 1186 of the Civil Code of the Republic of Azerbaijan:
- Must be entirely written and signed by the testator
- Can be placed in an envelope and submitted to a notary with the presence of 3 witnesses
- Notarial registration is recommended
Can a Will Exclude Heirs from Inheritance?
Yes. The testator can exclude any legal heir without providing a reason. However, mandatory share beneficiaries are exceptions.
What is a Mandatory Share and Who is Eligible?
By law, the following individuals receive a share of inheritance regardless of the will:
- Minor children
- Disabled children
- Disabled parents
- Disabled spouse
Their share must be at least half of what they are entitled to by law.
Practical Recommendations and Common Mistakes
Recommendations:
- Consult with a lawyer
- Specify property and individuals accurately
- Update the will according to life changes
- Inform trusted persons of the document’s location
Common Mistakes:
- Vague wording
- Ignoring mandatory shares
- Failing to comply with formal requirements
- Outdated wills
Drafting a will is not just a legal procedure; it is about securing your family’s future. A properly prepared will ensures that your property is distributed according to your wishes and prevents legal disputes.
