Issues of legal regulation of the testament form: comparative-legal analysis

Abstract

Under the transition of the Republic of Kazakhstan to the market economy, conducting reforms to expand the  range of private property objects and, accordingly, the growth of interest in the methods of determining the  predestination of property upon the death of the owner, the institute of testamentary succession is given a  special role in Kazakhstan's society. The question of in what legal form today it is possible to make an order  in case of death determines the subject of this study. With the help of a  comparative-legal method an analysis  of the existing legislative framework of the Republic of Kazakhstan was carried out, including the study of  acts of international legislation in the sphere of hereditary law. In addition, the article addresses how modern  international initiatives in the sphere of legal regulation of inheritance in the will are developing; the offers  for the improvement of Kazakhstan legislation in the expansion of admissible forms of testament are considered. The author has expressed a proposal for conducting the existing legislation of the Republic of  Kazakhstan norm, which allows the drawing up of a testament in the form of video. The author determines  the concept, main types and forms of the testament, explores the features of the forms of testament in the  legislation of the Republic of Kazakhstan, CIS countries and a number of other countries. The article  establishes the need for further improvement of Kazakhstani legislation in the sphere of expanding the permissible forms of the testament. Based on the analysis of the current legislation of the Republic of  Kazakhstan, the CIS countries and a number of other states, the author comes to the conclusion that the form  of presentation of the devisor established by law is an undeniable unconditional guarantee of the execution of his will. In a practical aspect, this research is of interest to lawyers practicing in the sphere of civil law, as well as international private law.