Mutual will as a specific form of mortis causa Disposition

Abstract

Transactions on the bases of inheritance involve the transmission of goods in case of death. Depending on the legal system, there are different instruments of mortis causa disposal: testament, contract of inheritance, contract on future succession, agreement on waving from future inheritance etc. German law recognizes a specific form of mortis causa bequests – the joint will that is by legal nature between standard testament and inheritance contract. The aim of this paper is to draw attention to the specific features of this legal instrument that is not recognised in our legal system, and through a comparative analysis with other related institutes (classic testament, contract of inheritance) to point out its advantages and disadvantages, in the context of the current reform of the modern inheritance law.