A will cannot constitute security for the repayment of a debt between the testator as debtor and a creditor.

A son sought to issue a will for his father’s assets and discovered that his cousin had issued a will for the assets with a false statement that he did not know details about the deceased’s children and their whereabouts, and had sold the inherited apartment to third parties on the grounds that it served as collateral for a loan he had given to the deceased.

The court ruled that a will is not a contract and does not constitute security for the repayment of a debt. The Law of Inheritance states that a will is a unilateral act and the testator may change it at any time according to his will. Any commitment to make a will, not to change it or not to cancel it is invalid. The testator’s assets and debts belong to his estate and cannot be used as security for the repayment of a debt, when the repayment of will debts is possible only by suing his estate. Here, the apartment, by virtue of being registered in the name of the deceased, is associated with his estate, with the son being the sole heir of the deceased. Therefore, the cousin was required to return to the estate the proceeds received from the sale of the apartment to a third party.