A Study of the Intention Effect on Rules Governing Inheritance by Will

Abstract

Lawyers and jurists always study intention as essential element in contracts and onesided dispositions and also indagate its relevant issues but they have never focus on it as an effective element in inheritance neither independently nor dependently because they assume rules governing inheritance as peremptory norms. In this paper we try to prove that a person can change rules governing inheritance by will indirectly. In other words we believe that will is able to change this rules within its authority because there is not any conflict between will and inheritance. Furthermore some of lawyers and jurists in some cases have accepted effects resulting from such wills. Thus we investigate different forms of will (for example deprivation from inheritance or changing share of inheritance and et cetera) witch practically lead to this change .Relating to this, lawmaker, lawyers and jurists' point of view also will be mentioned and subsequently assessed.

Keywords

• intention
• inheritance
• peremptory norm
• will