The Effective Time for Heir's Permission in the Testamentary Disposition of more than One - Third of the Estate

Subject Areas : Private law

mohammad alemzadeh ¹ , mohammad alemzadeh ²

1 - واحد قائم شهر
2 - واحد قائم شهر

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Return, Permission, Testate, More than one - third of the estate,

Abstract :

In case in which the testator dispose of more than one - third of the estate, with respect of majority of Imamiyeh jurisprudence view, the heir's permission is non ‌returnable but it has been said that the heir's permission is returnable on the ground, that, they have not any possession on the testator's properties during his living time. Article 843 of Iran's Civil Code provided that: the testamentary disposition of more than one-third of the estate is not valid, except with the permission of the heirs and if some of the heirs agree, the disposition applies only to the share of those heirs. In the interpretation of mentioned article some of lawyers believe that with respect of generality of this article, the heir permission at the testator living time is non‌returnable but some of the other lawyers have said that heir's permission is returnable until testator death time and after death it doesn't need new permission and it isn't returnable.