THE LEGAL NATURE OFTHE JOINT TESTAMENT OF THE SPOUSES

Abstract

This article analyzes the legal nature and features of the legal regulation of the institution of the joint testament of spouses, not known to the legal system of the Republic of Kazakhstan. At present, the experience of foreign countries provides for the conditions under which a will can be not only individual, but also joint. In particular, we are talking about the joint testament of the spouses.            A will is a one-sided transaction based on free will. In this regard, after the death of a person whose will has been notarized, the rights of heirs under the will are determined by the testator’s will. In a joint will, spouses whose marriage is legally regulated by the state registration shall, by mutual agreement, manage the property they have jointly acquired, as well as property owned by each of the spouses. In the event of the dissolution of the marriage by the spouses or the court recognizing the marriage as invalid, the law provides for the rules for recognizing the joint will to be invalid. In addition, in the event of the death of one of the spouses, the surviving spouse is entitled to change the will only in respect of the property belonging to him.A citizen may bequeath all his property or part of it to any person at his own discretion. This provision also applies to the joint will.If the joint will does not secure the rights of persons entitled to a compulsory share of the inheritance, such persons may challenge their rights. In addition, spouses in a joint will have the right to indirectly or directly limit the circle of persons who are the legal heirs.Along with this, the article discusses the theoretical aspects and the role of the joint testament of spouses in foreign practice.