Substituted Testamentary Disposals

Abstract

Testamentary dispositions are divided into two as testamentary dispositions in the material sense and testamentary dispositions in the formal sense. Substantive testamentary dispositions may arise in various forms. Examples such as dispositions subject to conditions and obligations, appointment of heirs, leaving certain property, appointment of a substitute heir, appointment of a will executor, appointment of a successor heir are examples of dispositions in the material sense, which are not limited in number. Among these dispositions, appointment of a substitute heir and appointment of a successor heir are considered under the classification of ‘substituted testamentary dispositions’ in the doctrine. However, it should be noted that, although testamentary dispositions in the material sense occur in various ways, substitution is not an independent testamentary disposition (acquisition). In addition, while both persons and things can be the subject in the substantive testamentary dispositions, only persons are considered as the subject in the substituted testamentary dispositions. In this respect, substitution creates a limiting effect on the testamentary disposition. This is because, with substituted testamentary dispositions, inheritance is obtained in place of another person or after another person. In this respect, the heir may make substitutionary testamentary dispositions by appointing substitute or successor heirs. It is also possible to talk about the existence of a substituted testamentary disposition in cases where the heir does not make an explicit substitution, but a substitution occurs as a result of the testamentary disposition. In our study, the concepts of substitute and successor heir appointment are discussed in detail.