Legacy in Inheritance Law

It is called a legacy when the testator makes a disposition to a person through a testament or a contract of succession, without implying the assignment of an heir, in order to gain the benefit of an asset. The legacy, which is a testamentary disposition in material terms, gives the legatee a right to claim at the moment the inheritance is opened, and in this context, it establishes an obligatio between the legatee and the obligor of the legacy. Gaining the wealth object, which is subject of the legacy is possible through a legal transaction, specific for the subject of the legacy, to be made between the legatee and obligor of the legacy. The aim of the study is to examine all aspects of legacy disposition and, in this context, to make evaluations on theoretical discussions and to propose solutions to the problems that may be encountered in practice. In this study, first of all, explanations about the definition, features, elements and subject of the legacy are given; comparison activities are made with similar legal institutions. Then, the parties of the debt relationship arising from the legacy, the validity conditions and types of the legacy are examined. Finally, the fulfillment of the legacy, the order in the fulfillment of the legacy and the liability arising from the non-fulfilment of the legacy are emphasized.