Power of attorney to conduct inheritance business: sample document execution, is it possible to enter into receiving property for another person with subsequent sale?

The citizen on the one hand trusts the citizen on the other hand to manage and dispose of all her property, no matter what it is and no matter where it is located.

POWER OF ATTORNEY No. _________ Done in __________________________________ " " ______________ (in accordance with paragraph 1, clause 1, article 26 of the Federal Law “Consular Charter of the Russian Federation”)

I, a citizen of the Russian Federation _______________________, gender female, ___________ year of birth, place of birth city __________, passport __________ issued by the Department of Internal Affairs “_________” of the city ________, date of issue: ___________ year, department code: _________, registered at the address: __________________________, general.

I trust the citizen of the Russian Federation ______________________, gender female, ___________ year of birth, place of birth ________ passport ____________, issued by the city police department. N______________ Autonomous Okrug _________ region __________ year, subdivision code: ___________, registered at address: _____________________________________

manage and dispose of all my property, no matter what it consists of and wherever it is located, in accordance with this, enter into all transactions permitted by law, in particular: sell, buy, accept as a gift, exchange, mortgage and accept buildings as collateral, etc. property, determining in all cases the amounts, terms and other conditions at its own discretion; make settlements on concluded transactions; register transactions and transfer of ownership with the State Registration Authorities, including the authorities that register rights to real estate and transactions with it; accept or refuse inheritances; conclude an Agreement on the determination of shares, receive Certificates of the right to inheritance by will or by law and register them, including with the authorities that register rights to real estate and transactions with it; receive property, money, securities, as well as documents due to me from all persons, institutions, enterprises, organizations, including the bodies that register rights to real estate and transactions with it, BTI, REU, Housing Office, DEZ, EIRTS, passport office, police department, guardianship and trusteeship authorities, Pension Fund, Committee on Land Resources and Land Management, Inspectorate of the Federal Tax Service of the Russian Federation, from all banks, telegraph mail for all reasons; manage bank accounts, receive postal, telegraphic, valuable and all kinds of correspondence and parcels; represent my interests before all individuals and legal entities of any form of ownership, including the bodies that register rights to real estate and transactions with it throughout the Russian Federation on the issues of concluding any types of agreements provided for by the legislation of the Russian Federation, including agreements social rental of residential premises and an agreement for the transfer of residential premises into ownership of citizens, for which I grant the right to perform on my behalf all actions necessary to fulfill this assignment, including submitting applications on my behalf, signing acts (including an act of dividing a share in kind , presented in the form of an act of implementation of an investment contract or a protocol of apartment distribution, or in the form of another document, an act of transfer of an apartment), necessary agreements, including a purchase and sale agreement, agreements and other documents, to hand over and receive registered documents (including a Certificate on state registration of property rights), submit additional documents (including applications for suspension, termination, renewal of state registration, for correction of technical errors, amendments to the Unified State Register);

if necessary, represent interests and act on my behalf in any arbitration courts, courts of general jurisdiction and other competent government bodies of the Russian Federation, and gives these persons all the powers provided by the legislation of the Russian Federation to carry out procedural actions to protect my interests, including the right to sign and filing a statement of claim and a response to the statement of claim, an application for securing a claim, changing the subject or basis of the claim, concluding a settlement agreement and an agreement on factual circumstances, signing an application for review of judicial acts based on newly discovered circumstances, appealing a judicial act, signing appeals and cassation complaints , their presentation, signing an application for review of a judicial act in the manner of supervision, its presentation, demands for compulsory execution of a judicial act, receiving, presenting and revoking a writ of execution, appealing against the actions of a bailiff, signing various petitions, responses to petitions, explanations and objections, delivery and receipt on my behalf of the necessary documents, including postal items. In accordance with the above, these persons have the right, at their own discretion, to sign, certify, confirm any documents, including statements of claim, appeals, cassation, supervisory complaints, make statements, reviews, make claims, counterclaims, complaints, petitions, demands, in including on set-off, enforcement, demand execution of decisions, decisions, orders, receive rulings, resolutions and court decisions, writs of execution or other enforcement documents, request to study documents, as well as study documents and records, make copies, perform all other lawful actions necessary for the above purposes or aimed at ensuring their achievement, pay the state or court fee and receive its refund.

In accordance with paragraphs. 1 clause 1 art. 26 of the Federal Law of the Russian Federation dated July 5, 2010 No. 154-FZ “Consular Charter of the Russian Federation”, a consular officer has the right to certify transactions (including contracts, wills, powers of attorney), except for contracts on the alienation of real estate located on the territory of the Russian Federation, and transactions aimed at alienating or pledging a share or part of a share in the authorized capital of a limited liability company established on the territory of the Russian Federation

This power of attorney is issued with the right of substitution and is valid for three years.

I certify the signature of the Principal ______________________ /____________________/.

Sample power of attorney for disposal of all property

POWER OF ATTORNEY

The city of Kyiv, Ukraine, December twenty-ninth, two thousand and thirteen.

DISPOSAL OF ALL MY PROPERTY (movable and immovable), no matter what it consists of and wherever it is located, including vehicles belonging to me, land plots, securities, funds in accounts opened in my name, whatever other objects of movable or immovable property,

with the right to sell, exchange, pledge (mortgage), including as a property guarantor, lease, loan, etc.;

Entering into OWNERSHIP IN ANY WAY (acquiring under paid or free contracts, transactions, etc.) of movable and immovable property, including vehicles,

no matter where such property comes from and no matter where it is located.

For this purpose, the authorized representative is given the right to:

— Sign and submit statements on my behalf, including statements about ownership of property by right of personal private property and the like;

— Submit and receive the necessary certificates and documents;

— Sign all necessary documents, any agreements and transactions permitted by the current legislation of Ukraine;

— Make payments, make settlements, and also perform all necessary actions related to the execution of this power of attorney.

The power of attorney was issued without the right of subrogation for a period of ten years and is valid until December twenty-ninth, two thousand and twenty-three.

The principal testifies that this power of attorney is issued by him in accordance with his free will, which corresponds to his inner will, without any use of physical or mental pressure and is not in the nature of a fictitious or sham transaction.

SIGNATURE: SIGNATURE (Kostyuk A.F.)

CERTIFICATING NOTARY OF A NOTARY

How to apply correctly?

The legislation does not provide for a strict form for drawing up such a permit.

However, it must comply with the general rules of document flow and be:

submitted in writing on the appropriate form;
notarized.

You must also indicate:

time and place of registration;
personal and passport data of the authorized person and the principal;
an indication of the powers vested in the trustee;
inventory of inherited benefits;
signature of the principal;
signature, seal and certification inscription of a notary.

To register an inheritance by power of attorney, you need to confirm your rights to begin such a procedure.

To do this, the notary must provide:

passport of the principal, as well as the authorized person;
death certificate of the testator;
expression of will and documents confirming relationship with the testator;
registration and title documents for property.

If necessary, additional documents are provided. The choice of a notary does not depend on the place of residence of the recipient of the property and the location of the transferred property. To know how to draw up a document, a power of attorney for registration of inheritance (sample) can be downloaded here.

Sample power of attorney to conduct business in court

POWER OF ATTORNEY

City of Kyiv, Ukraine, April fifteen, two thousand and thirteen.

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Kostyuk Nikolai Alexandrovich , who lives in. Kyiv, st. Bereznyakovskaya, 10 apt. 5,

BE MY REPRESENTATIVE AND CONDUCT BUSINESS IN THE JUDICIAL BODIES of all instances according to

the issue of protecting my rights and interests, with the right to perform all procedural actions granted to me by current legislation.

To perform these powers, the authorized representative is given the right to:

— Sign and submit statements on my behalf, including statements of claim, applications for review of a sentence, decisions, rulings, court orders based on newly discovered and exceptional circumstances, sign other documents;

— Completely or partially waive the claims, admit the claim in whole or in part, file a counterclaim, change the subject and/or grounds of the claim, the scope of the claims, submit oral and written explanations, enter into a settlement agreement;

- Get acquainted with case materials, make extracts from them, present evidence, submit applications, petitions and challenges, bring complaints against the actions and decisions of officials, court (judges) and the like;

— Sign and submit petitions, including challenges, cassation, cassation complaints, appeals, appeals, appeal decisions, rulings, orders of the court (judge);

— Receive all necessary certificates and documents, make payments, and also perform all necessary actions related to the execution of this power of attorney.

The power of attorney was issued without the right of subrogation, for a period of three years and is valid until April fifteenth, two thousand and fourteen.

SIGNATURE: SIGNATURE (Kostyuk V, F.)

Who is better to choose to conduct inheritance business?

The initiator of the power of attorney is the applicant for participation in the inheritance procedure. He draws up a document, presenting his own passport, proving his own identity. He can register as a trustee and transfer powers to participate in the procedure to the following citizens:

close (other) relative;
one of the persons participating in the inheritance procedure;
lawyer conducting inheritance cases;
another person, at the discretion of the principal.

The main requirement for the parties is to be 18 years old and have mental capacity. On behalf of minors (incapacitated) participants in the inheritance, documentation, including trust documents, is drawn up by their legal representatives.

IMPORTANT: Notarial acts performed in favor of a close relative: spouse, parents or children, allow for a reduction in fees upon presentation of documentation confirming the degree of close relationship.

General power of attorney for all property

Sample. For information

General power of attorney for all property

ATTENTION: text in italics is replaced with the principal's information

POWER OF ATTORNEY

City ______, __________ Republic. Sixth of August two thousand and sixteen

manage and dispose of all my property , whatever it consists of and wherever it is located, in accordance with this, enter into all transactions permitted by law, in particular: buy, sell, accept as a gift, exchange, mortgage and accept buildings as collateral, etc. property, determining in all cases the amounts, terms and other conditions at its own discretion; conclude and sign agreements, transfer deeds and other necessary documents; make settlements on concluded transactions; accept inheritances or refuse them, with the right to fill out, sign and submit declarations on real estate objects to state registration authorities, register contracts, certificates of inheritance and other necessary documents with state registration authorities, as well as transfer of ownership and ownership; receive from state registration authorities registered copies of contracts, certificates of inheritance rights and other necessary documents, as well as certificates of state registration of rights with the right to receive extracts from the Unified State Register, including on the rights of an individual to his real estate assets;

to be my representative in the Federal Service for State Registration, Cadastre and Cartography, its territorial branches on issues of privatization of any residential premises, for which I grant the right to submit applications and other documents on my behalf, to receive all necessary documents from all institutions and organizations, including receiving certificates and documents from organizations and institutions, including BTI bodies, Administrations, tax authorities, notary offices, archives, the Committee on Land Resources and Land Management, the Committee on Architecture and Urban Planning, with the right to receive an extract from the Unified State Register of General Information about the rights to objects real estate, if necessary, obtain from any competent authorities a document confirming my non-participation in privatization earlier, if necessary, sign and receive a social tenancy agreement and an agreement for the transfer of ownership, sign and receive an agreement for the transfer of a room into the ownership of citizens, register the agreement and ownership , with the right to submit an application for suspension, termination and renewal of state registration, to receive notification of suspension, termination and renewal of state registration, notification of refusal of state registration, with the right to submit additional documents, make changes to the Unified State Register records, make changes to documents, with the right to pay tariffs, fees, duties, with the right to receive a certificate of state registration of rights and all necessary registered documents ;

to be my representative in the Federal Service for State Registration, Cadastre and Cartography, its territorial branches on the issue of renunciation of the right to privatize any residential premises , for which I grant the right to submit applications and other documents on my behalf, including renunciation of the right to privatization;

receive at any branch of Sberbank of Russia OJSC, pension authority, post office the pension to me during the period of validity of this power of attorney , with the right to receive monthly cash payments, additional monthly security, one-time and other compensation payments, with the right to consent to the processing of my personal data ;

to be my representative in the territorial department of the Pension Fund of the Russian Federation on the issue of providing a set of social services (social services), for which I grant the right to sign and submit on my behalf an application for the provision of a set of social services (social services), to submit other applications, petitions on my behalf, explanations, receive and provide certificates and other documents, pay fees, duties;

to be my representative in all organizations and institutions of the city of Moscow, including the Social Insurance Fund of the Russian Federation (FSS RF), the Compulsory Medical Insurance Fund of the Russian Federation (MHIF RF), social protection authorities, on any issues related to the preparation of documents in my name , with the right to negotiate, receive the necessary information, with the right to submit and receive all necessary certificates and documents;

to be my representative in all competent organizations and institutions on the issue of deregistration and registration at a new address, for which I grant the right to receive and submit applications, petitions, certificates, certificates and other documents on my behalf, pay fees, duties, put stamps on passport and other documents on deregistration and registration, with the right to receive a departure certificate and other necessary documents;

to be my representative in the traffic police on all issues related to the management and disposal of any vehicles belonging to me;

be my representative in the tax authorities on all issues related to tax legislation;

receive property, money, securities, as well as documents due to me from all persons, institutions, enterprises, organizations, including Sberbank of Russia OJSC and all commercial banks, mail, telegraph for all reasons; manage accounts with Sberbank of Russia OJSC and all commercial banks, with the right to close bank accounts; use an individual bank safe, bank/safe deposit box, registered in my name in any credit organization, including commercial banks, with the right to re-issue the lease agreement for an individual bank safe , bank/safe deposit box, with the right of free access to an individual bank safe, bank/safe deposit box safe deposit box, with the right to give consent to the processing of my personal data, pay the costs of using an individual bank safe, bank/safe deposit box; receive any documents and repeated documents in all departments of civil registry authorities; receive postal, telegraphic, valuable and all kinds of correspondence and parcels; conduct business on my behalf in all government agencies, organizations and enterprises, as well as in all non-state organizations and enterprises; conduct my affairs in all judicial institutions with all the rights granted by law to the applicant, plaintiff, defendant, third party, person against whom proceedings are being conducted for an administrative offense, defense lawyer, victim, his representative, including the right to :

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signing a statement of claim, submitting it to court, submitting a dispute to arbitration, filing a counterclaim, full or partial waiver of claims, reducing their size, admitting a claim, changing the subject or basis of a claim, concluding a settlement agreement, appealing a court decision, filing writ of execution for collection, with the right to file complaints, appeals, cassation complaints, complaints in the order of supervision, filing challenges and petitions, receiving decisions, rulings, writs of execution and court orders, as well as in the event of the jurisdiction of the dispute to the arbitration court with the right of representative to :

signing a statement of claim and response to the statement of claim, applications for securing a claim, transferring the case to arbitration, full or partial waiver of claims and recognition of the claim, changing the basis or subject of the claim, concluding a settlement agreement and an agreement on factual circumstances, as well as with the right to sign an application for review of judicial acts based on new or newly discovered circumstances, to appeal a judicial act of an arbitration court , as well as with the right to fully represent my interests in enforcement proceedings, including the right of a representative to:

representation of interests in the Federal Bailiff Service, presentation and withdrawal of a writ of execution, appealing against decisions and actions (inaction) of a bailiff, receipt of awarded property (including cash and securities), refusal of collection under a writ of execution, conclusion of a settlement agreement , perform other procedural actions, with the right to give consent to the processing of my personal data, sign for me and perform all actions related to the implementation of this order.

The power of attorney was issued with the right to receive other property and money in addition to the awarded one .

The power of attorney was issued for a period of three years, with a prohibition on transferring powers under this power of attorney to other persons.

Samples of other documents certified by Russian consulates abroad:

Types of powers

It is most advisable to use the services of a notary by issuing a power of attorney at the place of residence of the interested person claiming to enter into legal succession. In the document, you should select the types of services that are delegated to the representative. They are indicated in a list and depend on the purposes of receiving property transferred by the deceased.

The types of document may depend on what is planned as a result of entering into legal succession:

registration of the inheritance mass and obtaining a certificate;
subsequent division of the estate with co-heirs;
receipt of real estate with subsequent registration;
sale of the received property;
refusal of inheritance;
with representation of his interests in court;
receipt of property and settlement of debt obligations of the deceased.

You can choose the following forms:

One-time power of attorney. It is used to perform one action. Convenient for the participation of a representative in the opening of an inheritance, or when registering an inheritance estate and obtaining a certificate.
Special power of attorney. It can be issued for the entire procedure, including the most necessary actions included in the rules for registering an inheritance.
General – giving maximum powers. It is used if the development of events related to the inheritance process takes an unexpected turn and requires the representative to make independent decisions.

Each situation requires the execution of such a power of attorney, which reflects the situational requirements emanating from the property interests of the participant in the procedure.

Power of attorney for disposal of property of an individual form

Contents of the publication:

Power of attorney for driving, owning and disposing of a car
Power of attorney for inheritance
Power of attorney to conclude a contract
Power of attorney for property management
Power of attorney for receipt
Power of attorney for voting at a general meeting
Power of attorney to represent interests in court
Power of attorney with the tax authority

Types of powers of attorney (one-time, special, general)

Form of power of attorney – when is notarization of a power of attorney required?

Certificate of power of attorney to represent interests in court:

Power of attorney issued by a legal entity
Power of attorney issued by an individual

Methodological recommendations of the Federal Tax Service on certification of powers of attorney

Types, form, terms of power of attorney

A power of attorney is recognized as a written authority issued by one person to another person or other persons for representation before third parties (Article 185 of the Civil Code of the Russian Federation).

A power of attorney is a written authority issued by one person to another person or other persons for representation before third parties. Written authority, including representation of interests in court, may be contained both in a separate document (power of attorney), and in an agreement, a meeting decision, unless otherwise established by law or does not contradict the essence of the relationship (clauses 1, 4 of Article 185 of the Civil Code of the Russian Federation, Article 53 of the Civil Procedure Code of the Russian Federation, Article 61 of the Arbitration Procedure Code of the Russian Federation) (clause 125 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 23, 2015 N 25 On the application by courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation).

A power of attorney is a written document; the issuance of a power of attorney is a unilateral transaction.

That is, the mere fact of the existence of a power of attorney as a document does not yet generate authority for the person in whose name the power of attorney is issued, since the power of attorney has not been issued to him.

According to the general meaning and content of the Civil Code of the Russian Federation, a power of attorney can be issued for a representative to carry out transactions on behalf of the represented person, as well as for the representation of interests.

Power of attorney to drive, own and dispose of a car:

Power of attorney to conclude an agreement:

Power of attorney to receive:

Power of attorney for voting at the general meeting:

Power of attorney to represent interests in court:

Is it possible to issue a paper to receive for another person?

Is it possible to enter into an inheritance by proxy and what rules exist for this in Russia? Involving an attorney representing the interests of the heir is not only acceptable, but in some cases, it is completely justified and advisable. Not to mention the fact that the inheritance procedure often requires a lot of time and moral strength, more pressing reasons may arise. For example, the testator lived in one locality, and the applicant for legal succession lived in another.

Since the opening of an inheritance case and its proceedings is allowed only at the place of registration of the deceased, the personal presence of a relative or person specified in the will can be extremely difficult.

All property rights of heirs that comply with the provisions of Article 1110 of the Civil Code of the Russian Federation are protected by law. And they are allowed to participate in the procedure with the involvement of representatives acting on the basis of a power of attorney.

REFERENCE: At the discretion of the participant, it is allowed to issue not one, but several powers of attorney, with the division of powers of representatives.