چکیده:
Inheritance is one of the most important means of transferring property to heirs. Although the transfer by inheritance is forced and involuntary, sometimes the legator for some reason does not like the transfer of his property to one or more heirs. According to jurisprudence, the Iranian legislature has invalidated a will to be deprived of inheritance. But is there no legitimate way to deprive the heir of the legacy? In this article, we look at common solutions and their validity. The use of a peace contract and the condition as an integral are common formats for this purpose, some of which are valid and in some cases are hindered. Among the common solutions, the commitment to transfer the share of the inheritance after the death of the legator in the form of peace or condition as an integral is considered as an efficient and valid solution. A will to be deprived of inheritance can also be considered as a legacy will for another heir and can lead to the deprivation of the heir from one third. In general, it can be said that there is no solution that can deprive the heir of his inheritance completely without compromise.
خلاصه ماشینی:
Among the common solutions, the commitment to transfer the share of inheritance after the death of the testator in the form of reconciliation or an implicit condition within a contract are considered effective and valid solutions.
Based on what has been said, the problem of the following advisory opinion (mashvarati) provided in response to this question becomes clear: "A person has requested the division of the estate from the court; the defendants, by presenting evidence in the court session, have stated that the plaintiff, during the lifetime of the testator, upon receiving their rights, waived the right to claim their share of the inheritance after the death of the testator.
In this regard, the first and second hypotheses face serious problems; however, the third form, meaning "commitment by the heir to transfer the share of inheritance to another in exchange for receiving the settlement property after the death of the testator", does not face any jurisprudential or legal obstacles, and the settlement in this hypothesis is valid.
Another mechanism is the use of an implicit condition in a contract; if the testator, during a sale or a gift of property to his future heir, stipulates that the said heir shall have no right to the estate after death, in other words, a condition to waive the right to inheritance 1 - Further reading (Alamzadeh, 1391, 67) occurs, we will be faced with the problem of the impossibility of waiving a ruling, namely inheritance.
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