Who has the Right to a Compulsory Ownership Share in the Inheritance?

A citizen has the right at his discretion to leave by will any property to any persons, to determine the ownership share of heirs in the inheritance in any manner, to deprive heirs by statute of inheritance, to include in the will other dispositions provided for by the rules of the present Code on inheritance, to revoke, amend, or supplement a will that has been made.

A citizen is not obligated to inform anyone of the making, amending, or revoking of a will.

Freedom of making a will is limited only by the rules on a compulsory ownership share in an inheritance.

Article 1194 of the RA Civil code provides:

A compulsory ownership share is the right of an heir to inherit, regardless of the content of the will, not less than half of the ownership share which would have been allotted to him in case of inheritance by statute.

At the time of opening the inheritance minor children of the testator and also children, the spouse, and the parents of the testator who have been recognized by the procedure established by statute as disabled or lacking dispositive capacity or have attained the age of 60 have the right to a compulsory ownership share.

Toward the compulsory ownership share shall be counted all that the heir having the right to such an ownership share receives from the inheritance on any basis, including the value of a testamentary charge established for the benefit of such an heir.

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