Testamentary bequest and the right to a retainer
A client of the law firm was summoned to execute a testamentary bequest to establish a usufruct right on a share of real estate that fell to her as an inheritance.
According to the firm’s lawyers, there is no basis for executing the provision due to its vague wording preventing any interpretation. In addition, the beneficiary of the bequest does not want to meet the monetary benefit arising from the
from Article 998 par. 1 Civil Code, according to which no one can be charged with a bequest over and above his or her right to a retainer. If negotiations fail, all these issues will be reviewed by the court.