Legal Consequences of Non-Execution of Testamentary Obligations Caused by Non-Publication of a Will

Abstract

A will, for which publication is a mandatory criterion to grant it legal force, may be called into question if the heir does not apply to a notary. Given that a will can designate a beneficiary who is not a legal heir- and who may be unaware of inheriting any property - there is a risk that they may not even know the will exists. Additionally, the parents can also appoint a suitable guardian for their child during their lifetime, but due to the fact that they have not left any tangible property and no one has applied to the notary to receive the inheritance, such will of the parents remains unenforceable. In such a case, if the will is not published in time, the best interest of the child to receive custody from the persons designated by his parents during his lifetime is violated. The parents’ will is crucial in such cases, as they are best positioned to decide who should be entrusted with the custody of their minor child. They document their wishes in writing, hoping their last will is honored. However, under Georgian law, there is a significant risk that, if the will is not published, the parents’ final wishes may be disregarded, and the testamentary burden may remain unfulfilled. To solve this problem, coordination of work between the relevant administrative authorities is necessary. This paper will explore solutions and recommendations for minimizing the potential harm caused by the non-publication of wills. The lack of a mandatory publication requirement undermines the final wishes of the testator, which is directly related to the right to property and inheritance, as well as the insecurity of the rights of the most vulnerable subjects, such as their minor children.