Legacy After Death of Deceased A Legal And Jurisprudence-based Study

An important question after the testator's death is whether the possession of the heirs of legacy takes place after the testator's death immediately or it is dependent on paid- off debts and the Wills and Testaments? Some of the jurists believe that before the payment of debts and Wills and Testaments the legacy remains in possession of the deceased. According to another theory, if the debt is pervasive in the legacy, it is not transferred to the heirs and is considered deceased property. Others believe that the unstable possession of the legacy upon death will be transferred to the heirs of the deceased. The practical result of the ideas discussed above is obvious in the possession of the legacy benefits immediately after death until the payment of debts and also in the embryo inheritance by sperm insemination after death of testator. This article presents a critical review of evidence drawn upon by different theories and argues that the unstable possession theory of the heirs on the legacy upon the testator's death is relatively stronger than other theories.