Analysis explores how judicial control affects the stability of unilateral declarations in wills, indicating challenges for creditors.
The relevance of the issues under consideration is mediated by the weak stability of the legal effect of conditional wills due to a number of factors: 1) broad discretion of judicial ex post control in assessing conditions relating to the nature of the heir's behavior; 2) the time required to fulfill the conditions specified in the will, which prevents the timely realization of the rights of the testator's creditors; 3) the lack of effective mechanisms for implementing the conditions, etc.
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E.L. Babajanyan (2025) studied this question.
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