Inheritance by will by right of representation

Nephews are the children of the testator’s brother or sister and are not included in one of the lines of inheritance by law. Moreover, they can inherit by right of representation in accordance with Article 1143 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation) in the event of the death of their parents.

To enter into an inheritance, the heir must accept it (Article 1152 of the Civil Code of the Russian Federation). It is possible to submit an application to a notary only within six months from the date of death of the testator.

Citizens also have the right to make a will, indicating their nephew as an heir. Based on Art. 1119 of the Civil Code of the Russian Federation, they have the opportunity independently determine the share of the inheritance they receive. Article 1118 of the Civil Code of the Russian Federation regulates the basic rules regarding the drawing up of a will. The document comes into force after the death of the testator .

Inheritance by law

According to the Civil Code, there is a sequence of inheritance. In general, there are 7 queues. But to these 7 queues you can safely add 2 more queues - the 8th and 9th (see diagram).

Why 2 more queues are being added will be discussed below.

If at least one representative of the closest queue accepts the property, subsequent queues lose the right to it. In this case, all heirs of the same line divide the property equally.

Example No. 1. How will the apartment be distributed after the death of the husband between his two children, ex-wife, daughter from his first marriage and mother? Who has the right to get an apartment? There are only 5 applicants. All of the listed persons (except for the ex-wife) are included in the circle of first-line heirs, including the daughter from her first marriage. Therefore, the property is subject to division between two children, a daughter from her first marriage and her mother, in equal shares of 1/4 share each. The ex-wife is not a family member and cannot claim the deceased’s apartment.

This is interesting! A child conceived during the life of the testator is also an heir, and his share is taken into account when dividing property.

Example No. 2. During his lifetime, the testator conceived a child in an unregistered marriage. He has no other relatives. The estate consists of a private house. Who has the right to a house? After death, the only successor will be this child. The mother of this child, who is not officially married, cannot lay claim to the deceased’s house. However, she can act as a manager (custodian) of this house.

If the successors of the first stage cannot (refuse) to accept the inheritance, the heirs of the second stage claim it, and so on.

What is the best way to inherit by will or by law?

» To help the heir September 09, 2020

What taxes are paid upon entering into an inheritance under a will and by law?

An inheritance is an event that is usually associated with the acquisition of material goods. But in addition to acquisitions, the inheritance procedure takes time, effort and even money. Many people have heard about the tax, but few know whether it needs to be paid, what its size is and the payment procedure.

From this article you will learn what tax is required to be paid when entering into an inheritance under a will and by law.

Do I need to pay tax when entering into an inheritance?

The answer to this undoubtedly important question is contained in Federal Law No. 78 of July 1, 2005, which amended a number of legislative acts related to the abolition of the inheritance tax.

According to this law, from 01/01/2006 there is no such thing as inheritance tax. Inherited property is not subject to taxation. In this case, it does not matter at all whether inheritance occurs by law or by will - all heirs are exempt from paying tax, regardless of the degree of relationship and the size of the share, even from citizenship - foreign citizens, non-residents of the Russian Federation are exempt from taxation on inherited property.

State duty upon entering into inheritance by law and by will

But it should be borne in mind that the tax, which has been canceled for 11 years and is not payable, is often mistakenly mistaken for another obligatory payment - the state fee for issuing an Inheritance Certificate.

The amount of the state duty does not depend on whether the inheritance occurs by law or by will, but on the degree of family relations between the testator and heirs.

Inheritance by law (without a will) and state duty

Inheritance by law is the transfer of ownership of inherited property to relatives in order of priority.

The 7-step queue of legal heirs is established by civil legislation (Articles 1142-1145 and 1148 of the Civil Code of the Russian Federation). The first to inherit are the closest relatives - parents, children, wife or husband, the second - sisters and brothers, grandparents, the third - aunts and uncles, and so on. The law also provides for inheritance by right of representation - from heirs who died earlier or at the same time as the testator, the right of inheritance passes to other persons in the manner prescribed by law.(adsbygoogle = window.adsbygoogle || []).push({}); For example, if the second line of inheritance is called upon, but neither the testator’s sisters nor brothers are no longer alive, their nieces and nephews will inherit instead.

You can read more about inheritance by law in the article “Inheritance by law (without a will).”

In what cases does inheritance occur by law:

• The owner of the property did not leave a will
• The will contains an order for the inheritance of a certain part of the property, the rest of the property is distributed according to the law
• The will was declared invalid in whole or in part by the court
• The heirs under the will refused inheritance rights or were excluded from inheritance by the court.

What is the amount of state duty for inheritance by law?

1. If the heirs are close relatives of the deceased (wife or husband, parents, children, sisters or brothers), they pay only 0.3% of the value of the inheritance, while the amount of the state duty cannot exceed 100 thousand rubles.
2. The remaining heirs pay 0.6% of the value of the inheritance, while the amount of state duty cannot exceed 1 million rubles.

Thus, the amount of state duty depends on two factors:

Inheritance by will and state duty

If the owner of the property during his lifetime drew up and notarized a will, inheritance will take place according to the will, and not according to the law - the property will become the property of those persons to whom it is bequeathed, even if they are not relatives of the testator.

However, Article 1149 of the Civil Code of the Russian Federation lists the circle of persons who can claim half the share that they would receive during inheritance by law, even if they are deprived of inheritance rights by the testator:

In addition to the testator's order on the distribution of property among the heirs, the will may have special provisions. For example, a sub-designation of an heir is an indication of another, additional heir who will receive the share of the main heir if he dies before the will enters into legal force. Testamentary refusal is another possible provision, according to which, in order to receive an inheritance, it is necessary to comply with a certain condition or perform an action provided by the testator.

Read more about inheritance by will in the article “Procedure for receiving inheritance by will.”

Is inheritance received under a will subject to taxation? According to Article 217 of the Tax Code of the Russian Federation, property received by inheritance, regardless of whether by law or by will, is not subject to tax. The only payment that the heirs must make is the state fee for issuing the Certificate.

What is the amount of state duty when inheriting under a will? Oddly enough, it is calculated according to the same rules as according to the law:

When calculating the state duty, it does not matter what property is subject to inheritance - residential real estate, transport, land, equipment. Each heir pays the state duty in proportion to the share he received.

Who is exempt from paying state duty?

Regardless of whether inheritance occurs by law or by will, heirs are exempt from paying state fees:

Heirs who are disabled people of group I or II pay only half of the required amount of state duty.

Taxation of inherited property

So, when entering into an inheritance, no taxes are charged. But after acceptance of the inheritance, regional regulatory documents provide for tax obligations on certain types of property - residential real estate, vehicles, land plots, the amount and payment period of which are also determined by local authorities or self-government at the place of registration of the property.

In addition, the heir will have to pay a tax of 13% of the value of the inherited property if he wishes to sell it during the first three years after the death of the previous owner.

That's why FREE expert consultants work for you around the clock!

- FREE for a lawyer!

Inheritance by law and will. How to inherit

Inheritance is the transfer of property rights and obligations of a deceased person to other persons in the manner prescribed by that person’s will or law.

There are two types of inheritance:

Inheritance by law takes place only if it is not canceled or completely changed by a will.

The main difference between them is how exactly the inherited property will be distributed among the heirs.

According to the will, the testator himself decides who will get what property, and in the case of inheritance by law, a clear procedure has been established for the distribution of shares of the inheritance.

How to inherit

Before moving directly to the inheritance procedure, I would like to note that:

1. The inheritance case is opened by a notary at the last place of residence of the testator. If it is not known, at the location of the most valuable part of his inheritance.
2. The date of opening of the inheritance is considered the day of death of the testator (in cases of a missing person, this day is considered the day of his presumed death).

The procedure for entering into an inheritance by law or by will is the same. And it begins with the fact that the heirs need to collect the main package of documents necessary to open an inheritance.

After this, due to the fact that not only rights to property are transferred by inheritance, but also responsibilities (for example, debts or various kinds of assignments), the heirs need to decide whether to accept the inheritance. or refuse it.

There are two ways to accept an inheritance:

Submit an application to a notary for the issuance of a certificate of the right to inheritance at the place where the inheritance was opened. The heir can submit the application in person, through a representative (using a notarized power of attorney, which provides the authority to accept the inheritance) or send it by mail (in this case, the heir’s signature on the application must be notarized).

If the testator lived in Moscow and the date of his death was after July 31, 2005, then he can submit an application for acceptance of the inheritance to any notary in Moscow; in all other cases (other regions), the application must be submitted directly to the notary serving the specific street and house in which the testator lived .

Perform actions indicating actual acceptance of the inheritance. For example:

In fact, the way an inheritance is accepted is usually in order to:

In practice, it is better not to use the second method, since notaries usually recognize actual heirs only if they prove that they lived in the inherited property together with the testator before his death.

Otherwise, you will have to establish the fact of inheritance in court, and you will still be charged a state fee. only in the form of increased technical or legal work.

Deadline for accepting inheritance

According to the Civil Code, it is necessary to accept an inheritance (submit an application to a notary or take action to actually take over) within 6 months from the date of its opening (death of the testator).

If the right of inheritance arises in other persons as a result of the refusal or exclusion of the heir from the inheritance, such persons may accept the inheritance within 6 months from the moment this right arises for them.

It is also worth noting that if one of the heirs accepted the inheritance, this does not mean that everyone else accepted it.

What to do if the deadline for accepting an inheritance is missed

There are two ways out of this situation:

1. Write an application to the court and prove that the deadline for accepting the inheritance was missed for a good reason (I didn’t know about the opening of the inheritance, I was sick, etc.). And then the court can restore the deadline for accepting the inheritance, cancel previously issued certificates and redistribute shares in the inheritance.
2. It is possible to accept an inheritance after the expiration of the term without going to court, but only with the certified written consent of all other heirs. In this case, the notary will cancel the previously issued certificates and issue new ones.

If state registration of the right was carried out on the basis of the original certificate, the new certificate is the basis for making changes to the state registration record.

Required documents

After accepting the inheritance, the heirs must collect all the necessary documents to enter into the inheritance. The list of these documents is quite large and may vary depending on the type of inherited property. You can find all the necessary documents for entering into an inheritance on this page.

Certificate of right to inheritance

The certificate is issued after 6 months by a notary at the place where the inheritance was opened. You can get it without waiting for the deadline, but only if you provide the notary with irrefutable evidence that there are no other heirs (besides those who have already applied to him).

In practice, notaries rarely take such a step, since there is always the possibility of new heirs appearing.

Refusal of inheritance

The heir has the right, within the period established for acceptance of the inheritance, to refuse the inheritance (even if it has already been accepted). To do this, you must submit an application for renunciation of the inheritance to the notary at the place of its opening. It is not necessary to indicate in the application of the heirs in whose favor you are renouncing the inheritance.

You cannot refuse an inheritance with reservations or under conditions (for example, if you want to refuse one part of the inheritance and accept the other part). It is worth noting that the refusal of inheritance cannot subsequently be changed or taken back.

The heir also has the right to refuse the testamentary refusal. however, such a refusal cannot be made in favor of other persons, with reservations or under conditions.

Unworthy heirs

Heirs who intentionally committed unlawful acts against other heirs or the testator in order to increase the share of the inheritance due to them or other persons may be recognized by the court as unworthy (they do not inherit either by law or by will).

If the testator foresaw such a situation and in his will prescribed the right of inheritance for them even if they were found unworthy, they still have the right to inherit.

Mandatory share

According to the will, the testator may, without specifying reasons, deprive one, several or all legal heirs of inheritance, except in cases where the freedom of will is limited by the rules on compulsory share.

The order of inheritance by law and will

Current legislation provides for two ways to receive an inheritance - by law and by will.

How do they differ, what are the features of each method? You can get answers to these questions right now by carefully studying the article.

What is the difference?

What are the differences:

1. In the event of receiving an inheritance under a will, the personal wishes of the testator are taken into account. When property is transferred by law, the degree of relationship is taken into account.
2. Inheritance by law does not provide for the transfer of part or all of the property to legal entities, colleagues or friends; only relatives have the right to inheritance.
3. There are certain requirements for a will - a specific form of the will, the need for notarization.

When receiving an inheritance, a simplified form of registration applies by law.

The legislative framework

Inheritance by law and inheritance by will are two forms of receiving an inheritance.

All issues related to them in one way or another are regulated by the Civil Code of the Russian Federation. It contains information regarding the acceptance of inheritance, timing, place and priority.

If questions arise, you can resort to studying the presented legal act to get answers.

What's better?

Inheritance by law or by will – which is better? This question arises before many citizens who have received rights to inheritance or are studying such an institution of law as inheritance.

Inheritance by law and by will

It is impossible to answer the question which is better:

Sequence

The Civil Code of the Russian Federation establishes the queues for entering into inheritance. determined depending on the degree of relationship.

1. The first group of heirs includes the spouse of the deceased person, as well as children (including those adopted and born out of wedlock).
2. The second group includes brothers and sisters and grandparents.
3. The third category includes aunts and uncles, as well as cousins.

The list of queues can be continued for a long time, the fourth category includes relatives of the third generation, the fifth category includes relatives of the fourth generation, etc.

Do not forget that relatives of the next stage will be able to receive property only if there are no heirs of the previous stage.

Shares

If a will is drawn up, the testator may indicate:

If there is an inheritance according to the law, then the entire inheritance mass is divided into equal parts between relatives of the same line.

The inheritance can be contested by law by the heirs of the deceased.

How much does a certificate of inheritance cost from a notary cost? Find out here.

Design features

As for the specifics of registration, when receiving an inheritance under a will, it is necessary to find the notary from whom it was drawn up, since he has another copy.

As a rule, testators turn to notaries who work at the place of their registration.

Less often, the envelope indicates the office in which the procedure was carried out.

Entry procedure

1. First you need to contact a notary and draw up an application. The document form is issued when you apply at a notary's office; there is no point in filling it out in advance, since this procedure must necessarily be carried out in the presence of a notary. The application confirms that the heir agrees to accept the property by inheritance.
2. A package of documents is attached to the application (the list will be given below, it may change depending on the property that is inherited, for example, when receiving an apartment, title documents and an extract from the Unified State Register are attached).
3. Payment of state duty. Its size is determined individually for each relative. Heirs who belong to the first and second stages pay 0.3% of the value of the entire property, the maximum amount being 100,000 rubles. Subsequent heirs pay 0.6% of the value of the entire property, but the maximum duty amount for them is 1,000,000 rubles.
4. Notary verification. The notary checks all documents for authenticity and compliance with reality, and then issues the appropriate certificate.
5. Issuance of a certificate of inheritance rights. It is important that this document is a title document, so using it you can register ownership of the property.

Required documents

To receive an inheritance, the law requires you to collect the following package of documents:

1. Application for consent to enter into inheritance rights.
2. Certificate of death of a citizen (in some cases, a copy of the court decision establishing the date of death is attached to the application).
3. A photocopy of the applicant’s passport (the first page with personal information and the registration page), you must have the original document with you.
4. An extract from the house register, issued at the place of registration of the deceased citizen, is necessary to indicate the place of opening of the inheritance.
5. A document indicating the valuation of property transferred by inheritance is necessary to determine the amount of the state duty.
6. Receipt for payment of state duty.
7. A document confirming the relationship between the applicant and the testator.

To receive an inheritance under a will, in addition to the listed package of documents, you will need to attach the original and a photocopy of the will.

Deadlines

For entering into an inheritance, in accordance with Article 1154 of the Civil Code of the Russian Federation, specific deadlines are established - 6 months.

During this period of time, the heir must:

If deadlines have been missed, they can be restored.

In this case, it is important to comply with the condition - the reason must be valid.

To restore the deadline for entering into inheritance, it is necessary to draw up a statement of claim to the court, indicating the reason for the omission.

It is important to confirm it with documentation, for example, when performing compulsory military service, a military ID is attached to the application.

One common reason is lack of knowledge about the death of a relative.

To confirm this, you will need to attach a letter or message containing information about the death.

The application for refusal of inheritance should be written in accordance with the requirements of the law.

Are you interested in property valuation when entering into an inheritance? Read here.

What documents are required to register an inheritance? Full list in this article.

What is escheat property?

Escheated property is an inheritance in respect of which no one has declared their rights within six months.

It acquires this status and passes into the state treasury.

Video about the differences in methods of transferring property

Features of inheritance by law and will

There are two types of receiving the property of the testator - by law and in accordance with the will left. This is stated in Article 1111 of the Russian Civil Code.

The document of an officially certified will is predominant, and the receipt of property by law takes place unless it is canceled or completely changed by the completed will.

What are the differences?

The main difference between inheritance by law and by will is the distribution of property between potential candidates for inherited property.

If there is a will, then it expresses the will of the owner of real estate or any other property.

And when there is no official will, then the legislative order of precedence comes into force.

In legislation, this issue is regulated by articles of the Civil Code 1142 - 1148. And you can familiarize yourself with the remaining rules of inheritance by will in Chapter 63 of the Civil Code of the Russian Federation.

Inheritance by law and by will

Receiving an inheritance by law and by will implies greater freedom of choice for the testator in the first case.

All legal subtleties regarding inheritance under a will are spelled out in Chapter 62 of the Civil Code of Russia.

The owner of real estate or property can dispose of it in several ways:

At the same time, the maker of the will may not indicate what exactly prompted him to draw up such a will.

Also, the entire testamentary procedure is kept secret (Article 1123 of the Civil Code of the Russian Federation), and the contents of the document are declared open only after the death of the testator.

If the owner of the property did not have time to draw up a will document during his lifetime, then according to Russian laws it is necessary to be guided by the principles of priority.

Moreover, the first group of priority has an advantage over the second, so relatives from the second group can count on receiving property only if the first group is absent or refuses to inherit.

The exact same principle applies to all the following groups.

Queue

In total, there are 7 groups that are potential applicants for the inheritance (Article 1141 of the Civil Code of the Russian Federation):

Inheritance of a privatized apartment without a will occurs strictly within the law.

Interested in the cost of registering a will for an apartment? See here.

Mandatory share

Despite the freedom to choose heirs and their shares in the will drawn up, the legislation provides for the presence of a mandatory share for some groups of relatives.

The following categories of citizens can count on it:

According to the legislation of 2020, the size of the obligatory share must be at least 1/2 of the share due to the heir, which he would receive in case of inheritance without a will.

Acceptance procedure

It doesn’t matter what the exact reason for the basis for entering into an inheritance is - according to an existing will or according to the law, there are two ways to accept an inheritance.

The actual method involves the complete exploitation and ownership by the heir of the property of the testator.

For example, if a residential property is inherited, and the recipient of the property pays utilities for it and lives in the premises, but cannot be recognized as the owner until the necessary documents are completed.

The second method involves contacting a notary or a special authorized person who has the rights to conduct inheritance procedures.

A candidate for inheritance needs:

Deadlines

Within six months, potential applicants for inherited property must apply to the notary authority.

This rule applies to inheritance under a will or by law.

6 months after the death of the testator, recipients of property are issued a certificate of the right to receive inherited property.

If a candidate for receiving an inheritance has missed the established deadlines, then the extension of the deadline can only be carried out by a court decision.

Moreover, for this it is necessary to provide confirmation of valid reasons for absence, for example, serious illness or a long business trip.

Required documents

When entering into an inheritance under a will, it is necessary to provide certain documents to the notary authority:

When the procedure for obtaining an inheritance takes place according to the established rules of law, the following documents are required:

1. Passport of the deceased owner of the inherited property.
2. Identification number of the applicant for the inheritance.
3. Confirmation of blood or official relationship with the deceased testator.
4. Official confirmation of the death of the owner of property or real estate.
5. Certificate of residence of the testator when inheriting residential premises.

Certificate

You can receive a certificate of the possibility of receiving an inheritance only after six months have passed from the date the document was read out by a notary.

If this certificate is required urgently, it can be obtained by providing the legal specialist with guaranteed evidence of the absence of other candidates for receiving the property.

A period of six months is set so that all relatives can learn about their rights to the property of the testator, and, if necessary, declare their rights.

How much does a will for an apartment cost from a notary in 2020? Read here.

What documents are needed to enter into an inheritance under a will? A detailed list is in this article.

Refusal

Even if the candidate for inherited property has accepted the inheritance, he may be left behind during the period of entry into inheritance established by law.

To formally refuse, you must submit a well-written application to a law office.

The law does not provide for the possibility of refusing a certain share or with any other conditions, and the refusal cannot be canceled in the future.

When preparing documents, you may not indicate in whose favor the refusal is being made.

In the video about the grounds for accepting an inheritance

Registration of inheritance by will and by law: what are the differences?

The legislation of the Russian Federation provides for 2 types of inheritance - by will and by law, if a will has not been drawn up. The procedure for registering inheritance rights in both cases is almost identical, the only difference is the size of the state duty and the persons who can lay claim to the property of the deceased.

Inheritance by will

In simple terms, a will is a document that expresses the last will of the testator. A will transfers property that is owned by the testator at the time of his death, and any individuals or legal entities can be specified as heirs, regardless of the relationship.

In this case, the testator in the will has the right to identify heirs indicating a share or specific property, to disinherit or establish a testamentary refusal (a property-related obligation in favor of other persons). The main limitation is the impossibility of depriving the inheritance of persons who, by law, are entitled to a compulsory share: disabled parents, children, spouses, minor children and some others.

The will is drawn up personally by the testator and can be amended or revoked. Moreover, a later written will automatically cancels the previous one. A will is considered to be drawn up correctly if it is in writing and certified by a notary in the prescribed manner. Thus, in order to draw up a will, you must use the services of a notary.

The law distinguishes two types of wills:

When drawing up a will, it is important to take into account the fact that, unlike the gift of real estate, heirs can take ownership of the property transferred to them only after the opening of the inheritance, that is, the death of the testator.

Inheritance by law

When a will has not been drawn up, inheritance occurs according to law. This type of inheritance is based on family ties between the heir and the testator. In particular, there are several lines of inheritance, each of which takes over if there are no heirs of the previous line or all of them refuse to accept the inheritance.

The inheritance is distributed in equal shares among the heirs of the same line.

What is common to inheritance by law and by will is that the heirs are given a 6-month period from the date of death of the testator to contact an authorized notary with an application for acceptance of the inheritance and the necessary documents. The procedure for registering an inheritance ends with the issuance of a Certificate of Inheritance and is accompanied by the payment of a state fee in the prescribed amount.

The main differences between inheritance by law and by will:

1. According to the law, only individuals can act as heirs, and property can also be bequeathed to legal entities.
2. Inheritance by law occurs in the established order of priority; when drawing up a will, the degree of relationship and other factors do not matter.
3. A will can be challenged in court, and the procedure for entering into an inheritance by law does not provide for this possibility.
4. Often, inheritance under a will requires the payment of a larger state fee; in addition, the testator also pays for notarization services when drawing up a will.

Sources: law-divorce.ru, www.malyi-biznes.ru, nam-pokursu.ru, 77metrov.ru, ponasledstvu.ru

Next:

No comments yet!
Share your opinion

You might be interested in

What is needed to enter into an inheritance after the death of a mother?

Inheritance by law without a will

Is it possible to apply for inheritance by power of attorney?

What documents are needed to apply for inheritance in Ukraine

Popular

Is it necessary to do land surveying when entering into an inheritance (Read 190)

Is it possible to register an inheritance with different notaries (Read 83)

Entry into inheritance in Lithuania (Read 83)

Divorce about inheritance by mail (75 read)

Heirs by right of representation

If the successor dies along with the testator, or before the opening of the inheritance, his share passes to his descendants (see diagram above) (Article 1146 of the Civil Code of the Russian Federation). In this case, the descendants are the representatives of the deceased heir.

Example No. 3. Who has grounds for receiving property left after the death of a woman if her immediate family includes a granddaughter, brother and cousin? If there are no first-rank successors (son, spouse, parents), then using the right of representation, the granddaughter has the primary right to inheritance. The brother inherits second in line. The cousin belongs to the 3rd stage.

Example No. 4. The testator is left with two children and two grandchildren (children of a previously deceased son). There are no other successors. The only contribution from the property is 900,000 rubles. Who is entitled to receive this money and in what shares? According to the right of representation, the share of the deceased heir passes to his descendants. Since the testator's son died earlier, his children (grandchildren of the testator) should receive the share due to his father (1/3 share). In this case, the money will be distributed as follows: 300,000 for two children and 150,000 for each granddaughter.

Heirs after the death of uncle and aunt

The nephews and nieces of the deceased can inherit by law and by will, drawn up in the form provided for by the current legislation of the Russian Federation. In this case, inheritance is allowed on several grounds (by law and by will).

In law

General rules regarding inheritance by law are defined in Art. 1141 of the Civil Code of the Russian Federation, namely:

• receipt of inheritance by persons entitled to it as heirs by law is possible only in the order of priority determined by this Code;
• representatives of the second and subsequent orders may be called to inherit when there are no representatives of the first and subsequent orders, or all of them have refused the inheritance;
• recognition by the court of a person as an unworthy heir, in accordance with Art. 1117 of the Civil Code of the Russian Federation, deprives him of the right to inheritance , which passes to other citizens of this queue or representatives of subsequent queues;
• deprivation of a citizen of inheritance by order of the testator serves as the reason for the transfer of his rights to the inheritance to other heirs of this or subsequent orders.

Nephews and nephews of the deceased are not included in one of the lines of succession . But, according to Art. 1143 of the Civil Code of the Russian Federation, they, by right of representation, receive a share in the inheritance in the event of the death of their father or mother - the testator's brother or sister, entering into the inheritance together with representatives of the second line of inheritance by law.

Article 1146 of the Civil Code of the Russian Federation defines general provisions regarding inheritance by right of representation :

• If the death of the testator's brother or sister occurred at the same time as him or before the opening of the inheritance, his share in the inheritance passes to his nephews.
• The share received by right of representation is divided in equal parts among the nephews of the testator.
• If an heir is legally deprived of rights to inheritance due to being declared unworthy (Article 1117 of the Civil Code of the Russian Federation), his descendants cannot inherit the property of the deceased by right of representation .
• If an heir is legally deprived of the rights to inheritance in connection with the corresponding order left in the will (clause 1 of Article 1119 of the Civil Code of the Russian Federation), his descendants cannot inherit the property of the deceased by right of representation.

Nephews can also inherit on other grounds. If there are several grounds, inheritance occurs separately for each of them , with the citizen receiving the share due to him.

According to Art. 1148 of the Civil Code of the Russian Federation, the nephew of the deceased may receive a share in the inheritance as a disabled dependent . Paragraph 2 of this article clarifies the conditions necessary for this:

• the nephew must be disabled on the day of opening of the inheritance;
• during the last year (or more) before the death of his uncle, the nephew was fully supported by him;
• at least a year before the death of the testator, his nephew had to live with him.

Despite the fact that the nephew is a blood relative of the testator, he is not included in the number of persons entitled to inheritance in the order of priority determined by Articles 1143 - 1145 of the Civil Code of the Russian Federation. For this reason, the very fact of his living with the deceased becomes significant.

By will

From Art. 1118 of the Civil Code of the Russian Federation it follows that a will is the only way to leave dispositions regarding property in the event of one’s own death. You can complete the document only if you are fully capable. Moreover, it must be signed personally . Making a will through trustees is not legal. It is impossible to leave the order of several citizens in a document.

The rights that the testator receives are defined in Art. 1119 of this Code. It includes the following items:

• citizens have the right to bequeath any property, including that which does not yet belong to them;
• the will can indicate any persons, even those who are not heirs at law;
• the testator has the opportunity to independently determine the size of the shares of the heirs;
• the document may contain orders regarding the inherited property and the conditions for its acceptance by the heirs;
• the testator may not disclose the information contained in the document executed in a form convenient for him.

The testator has the right to draw up several wills , indicating in each of them specific property or certain heirs. The document may contain only orders - in particular, on depriving nephews of rights to inheritance.

It is allowed to sub-appoint an heir - a person to whom the heir's share will pass if the latter refuses it or does not accept it for other reasons (Article 1121 of the Civil Code of the Russian Federation).

Freedom of testament is limited by the current legislation of the Russian Federation, including the right to an obligatory share in the inheritance (Article 1149 of the Civil Code of the Russian Federation). This right cannot be transferred to him by inheritance or by right of representation from anyone.

Inheritance by disabled dependents

As mentioned above, there are 7 queues in total. However, the 8th is also distinguished. This includes disabled dependents who were supported by the testator for at least a year until the moment of his death. Such persons, according to Art. 1148 of the Civil Code, also have the right to inheritance, regardless of which line they actually belonged to.

Example No. 5. The testator was the official guardian of the disabled person. They were not related. After his death, he still had his own child. In this case, the property will be divided equally between the disabled person and the natural child.

Hereditary transmission

It differs from the previous situation in that the heir was alive at the time of death, managed to declare his rights, but soon died without having time to accept the inheritance. In this case, the right of inheritance is transferred to the successors of the deceased heir (Article 1156 of the Civil Code of the Russian Federation). Everything is exactly as if the heir had time to accept the inheritance.

Example No. 6. The man lived with his second wife and stepson (a step-son for one of the spouses). After his death, the apartment was to go in equal shares to his daughter from his first marriage and his wife. However, the wife died before accepting the inheritance. Who has the right to inherit if there is no will? In this case, the apartment that was supposed to go to the mother goes to the stepson.

If a person is a disabled dependent, then his obligatory share does not pass to his heirs (see example No. 5).

Challenge procedure

Any act (state or non-state) can only be challenged in court. That is, you will need to draw up a statement of claim, submit it and all supporting documents to the city (district) court at the place where the inheritance was opened, and during civil proceedings, take the following actions:

1. Request a probate matter;
2. If we are talking about forgery, apply for a handwriting examination;
3. When inheriting by children, conduct a genetic examination to clarify the presence and absence of kinship. In cases where paternity is established, the law considers this as recognition of kinship. That is, the presence of such evidence will be grounds for refusing to conduct other examinations;
4. If there are grounds to believe that the testator could not be recognized as legally competent, it will be necessary to find and collect all medical documentation confirming the plaintiff’s arguments.

And as a result, prove your case in court. But it is best not to forget about relatives at the moment of their life. Elderly people often come into contact with scammers who are supposedly trying to help them. If the testator is surrounded by the attention of, for example, his son or grandchildren, criminals are unlikely to try to commit illegal actions under fear of exposure.

Determination of the share of the inheritance of the spouse of the testator

The spouse has the primary right to inheritance. She also owns half of the property acquired during the marriage (Article 39 of the Family Code). How are these 2 norms combined in practice?

Example No. 7. If, after the death of the husband, a house acquired in a legal marriage remains, and the inheritance is divided by the wife and two children, then the spouse has the right to half of the house, and the remaining half is divided into 3 parts among all family members. Those. in fact, the wife will receive 1/2 share plus 1/6 share, for a total of 2/3 shares.

Share cut

In some cases, in addition to the main recipient of the property specified in the will, several citizens are called upon to receive the inheritance at once, who are provided with a mandatory share by law.

In such a case, the notary can reduce the share taking into account the number of applicants and the total property, so that the main beneficiary ultimately receives the main share.

Everyone who submits an application and identifies themselves as a compulsory heir is required to pay a state fee.

Receiving an inheritance out of turn

If there are heirs of the first priority, heirs of subsequent orders can receive an inheritance in the following cases.

Refusal of all heirs of the first priority to receive the inheritance

Example No. 8. After the death of the father, the remaining relatives were a son (first line) and a brother (second line). The son permanently lives abroad. He refuses to inherit the land with the house, since he will not be able to provide proper care and ensure safety. If the son refuses the inheritance, the plot of land with the house will go to the brother of the deceased.

If the court recognizes the heir of the first priority as an unworthy heir

An unworthy heir is a person who:

• interferes with the fulfillment of the last will of the deceased;
• stole the property of the deceased;
• destroyed the property of the deceased;
• forced a person to draw up a will in his favor, as well as to renounce a previously drawn up will;
• forces heirs to renounce the will;
• takes or has carried out illegal actions against the testator or heirs, their property (theft, attempted murder, causing harm to health);
• in case of illness of the testator, did not provide him with proper care;
• commits or attempts to commit other actions against the interests of the deceased or his heirs.

Example No. 9. Her own daughter ignored communication with her seriously ill father, did not provide him with help, and did not support him financially. After the death of his father, his son, who was caring for a sick man, went to court to recognize his daughter as an unworthy heir. As evidence, he presented witness statements, receipts for payment for medications, and an extract from the ambulance call log. The court found the daughter an unworthy heir. All the property of the deceased was inherited by his son.

Example No. 10. During a quarrel, a conflict occurred between father and son. As a result of the conflict, the father received a head injury and died a short time later. The son was sentenced to 4 years of suspended imprisonment. After the opening of the inheritance, the brother of the deceased went to court to recognize his son as an unworthy heir. The court satisfied these claims. Since there were no other persons in the first line of inheritance, all the property of the deceased passed to his brother.

A person has the right to a mandatory share (Article 1149 of the Civil Code of the Russian Federation)

Such persons include if at the time of opening of the inheritance they are:

• children of the testator who have not reached 18 years of age or older, studying in full-time educational institutions;
• disabled children of the deceased, regardless of age;
• a spouse who is disabled or an old-age pensioner;
• parents are disabled or old age pensioners.

These persons have the right to receive half the share of the property, regardless of the presence of a will or the number of heirs.

Example No. 11. A father who had three sons died. The first son is 26 years old, the second is 25 years old, the third is 16 years old. There is no will. Who has the right to receive property and in what shares? Since the third son is a minor, he is entitled to 1/2 share of the entire property, the remaining share will be divided among the other sons. Those. the first and second sons will each receive 1/4 shares of the property.

Does a pensioner have the right to inherit if there is a will?

» Inheritance by spouses September 9, 2020

If there is a will for specific persons, who else can claim the property?

By law, every legally capable person can make a will. This document allows you to leave property after your death to selected persons. Moreover, they may not even be related to the testator. A will is often the reason why legal heirs lose rights to property. When drawing up a document, the testator can be guided only by his own will, and not ask permission from potential applicants for the property.

Is it possible to claim an inheritance if there is a will? Only a limited group of people can obtain the right to property.

What will the spouses get?

Official spouses, in any case, will receive their marital share. It is 50%. The exclusion of the marital share from the estate of property occurs before the distribution of the inheritance is made. Read here. how to properly register an inheritance after the death of a husband.

Let's look at an example. Who can claim a house under a will? If the spouse is not included in the document, then they are deprived of the right to inherit the property. However, the right to the spousal share remains. First, 50 percent of the property is allocated, and only after that the shares of the house can be divided among the heirs according to the will.

The testator cannot bequeath the entire house, since part of it belongs to the spouses. If this is done, the will may be declared illegal.

Official spouses, in any case, will receive their marital share.

Having a problem? Call a lawyer:

Moscow and Moscow region (toll-free call) St. Petersburg and Leningrad region

If a will is made for specific persons, who can claim the property?

Who else can claim the inheritance if there is a will? If some persons are not indicated in the document, they, according to the law, are entitled to a mandatory share. That is, regardless of the provisions of the will, these people can receive part of the inheritance. The obligatory share is received by:

• Children of the testator who are declared incompetent or under 18 years of age
• Spouses or parents of the testator declared incompetent
• Dependents of the testator who are disabled. This group of persons receives part of the property under any order of inheritance.

Pension is a type of disability. However, the obligatory share of a pensioner in the inheritance under a will is allocated only to persons who have reached the appropriate age, and not to those who retired on preferential terms.

To receive an inheritance, in any of the above cases, you will need confirmation of your incapacity. To do this, the notary is presented with the relevant documents: pension certificate, certificate of disability of 1-3 groups.

Dependents claiming a compulsory inheritance share must document that they were truly in the care of the testator during the year before his death, and this was their main source of income.

Mandatory share size

All persons claiming a compulsory share may receive 50% of the portion that they would have legally obtained.

For example, the testator’s parents would have received, if there had been no will, 50% of the apartment. If there is a will, they can claim 25% of the estate.

However, this only applies to wills made after 1 March 2002. If the document is in an old format, then incapacitated persons can receive 2/3 of what they would have received under the law.

Additional nuances

To receive a mandatory share, a person must be one of the first-degree heirs (child, parent, spouse) or dependents, and also be incapacitated. These circumstances must persist at the time of the death of the testator, when the inheritance is opened.

An obligatory share is the right of an exclusively specific person. It cannot be transferred to other persons. If this person dies before entering into the inheritance, then this share cannot be transferred to his relatives. The obligatory share is issued without the consent of the remaining heirs. However, the person claiming it can write a refusal of the inheritance.

A minor, regardless of the circumstances, will receive a mandatory share. In this case, a person can be married and obtain the status of legally competent person through a judicial procedure. The right also remains in the situation where the minor child is adopted. However, they can only inherit from the person who adopted them and are disqualified from receiving property from their biological parents. Information on how an inheritance is processed after the death of parents is here.

An obligatory share is the right of an exclusively specific person.

Recognition of the heir as unworthy

A person who is entitled to an obligatory share may be found unworthy. In this case, it is deprived of either the entire inheritance or part of it. This point is stipulated in paragraph 4 of Article 1117 of the Civil Code of the Russian Federation. Persons who:

• Intentionally committed actions that infringed the rights of other heirs or the testator
• Obstructed the execution of the will of the deceased as stated in the will
• Tried to illegally increase their share
• They tried to encourage other people to receive property.

All these circumstances must be confirmed in court. Then there will be an increase in shares in the inheritance for the remaining heirs. A reduction in the mandatory share is possible in the following cases:

• Real estate for residential purposes is distributed
• The person did not use the property during the lifetime of the testator
• The heirs specified in the will used the distributed property during the life of the testator.

When considering the case, the current financial condition of the incapacitated person is taken into account.

The obligatory share will be formed at the expense of property that is not specified in the will. If it is not there, then the shares of the heirs under the document are reduced by the required amount.

Is it possible for other persons to receive an inheritance?

How to claim an inheritance if a person does not have rights to an obligatory share? According to the law, such a person cannot register property rights. The only way out is to challenge the will through the court. In this case, you will need to present grounds for challenging. For example, this may be the person’s incapacity to make a will.

Additional information about the allocation of a mandatory share in the inheritance in the presence of a will in this video:

Anyone can bequeath property at their own discretion. However, we must remember that the law protects incapacitated citizens, and they have the right to a mandatory share. The notary must tell you about all these nuances when certifying the document.

For additional information on this issue, please refer to the “Inheritance” section at this link.

Free legal support by phone:

Moscow and Moscow region (toll-free call)

St. Petersburg and Leningrad region

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

Our lawyer will advise you free of charge.

Does a retired sister have the right to inheritance?

A retired sister who is not an heir under a will has the right to inheritance if she belongs to the circle of persons entitled to an obligatory share in the inheritance (Article 1149 of the Civil Code of the Russian Federation).

Article 1149. Right to an obligatory share in the inheritance

1. Minor or disabled children of the testator, his disabled spouse and parents, as well as disabled dependents of the testator, who are subject to being called to inherit on the basis of paragraphs 1 and 2 of Article 1148 of this Code, inherit, regardless of the contents of the will, at least half of the share that would be due to each of them when inheriting by law (mandatory share).

2. The right to an obligatory share in an inheritance is satisfied from the remaining untested part of the inheritance property, even if this leads to a reduction in the rights of other heirs under the law to this part of the property, and if the untested part of the property is insufficient to exercise the right to an obligatory share, from that part of the property which is bequeathed.

3. The obligatory share includes everything that the heir entitled to such a share receives from the inheritance for any reason, including the cost of the testamentary disclaimer established in favor of such heir.

4. If the exercise of the right to an obligatory share in the inheritance entails the impossibility of transferring to the heir under the will property that the heir entitled to the obligatory share did not use during the life of the testator, but the heir under the will used for living (a residential building, an apartment, other residential premises, dacha, etc.) or used as the main source of livelihood (tools, creative workshop, etc.), the court may, taking into account the property status of the heirs entitled to the obligatory share, reduce the size of the obligatory share or refuse it award.

07/20/2015 15:59 rating: 9.5/10

Comments, clarifications and observations on the issue

There are no comments on this issue yet

You must be logged in to post a comment. Questions can be commented on by their authors or lawyers registered on the portal.

Do you have a similar question?

Ask our lawyers and attorneys. Save your time and nerves. Get qualified free legal advice online or by phone.

Working hours of lawyers: from 9 to 21 local

Latest reviews

Yuri Vasilyevich thank you, the useful information needs to be studied specifically. Yuri Vasilyevich, I forgot to write that there is a gas boiler in the house, there is no central heating, please give a more precise answer to my question, thank you in advance with respect, Viktor Nikolaevich.

Krasnodar region Krylovsky 08/13/2017 17:29:30

Thank you very much for your quick and detailed response, for the useful information and hope for justice!

Moscow 08/03/2017 14:10:58

Thank you, you helped a lot. Laws change and people don’t always know them.

Rostov region Dnetsk 07/29/2017 16:14:22

Thank you for the clarification. Once again, I am convinced that before you sign anything, you need to check it a thousand times.

Kursk 07/27/2017 22:41:09

Thank you Yuri Vasilievich for your quick and professional response. All the best to you.

Chelyabinsk 07/25/2017 13:19:09

Who has the right to inherit in the absence of a will?

In the Russian Federation, two orders of inheritance are possible: on the basis of a will, when the testator’s property passes to the persons listed in this document, and by law, when the question of who has the right to inherit if there is no will is decided according to the rules of Chapter. 63 Civil Code of the Russian Federation.

Features and order of inheritance by law

All persons who are given the right to inherit without a will proceed to inheritance in compliance with the sequence established by Art. Art. 1142 - 1145 Civil Code of the Russian Federation. They also include persons whose conception occurred during the life of the testator, and whose birth occurred after his death.

The following persons are deprived of the right to inheritance in the form of an apartment and any other property without a will:

• parents whom the court deprived of parental rights in relation to the child-testator
• persons whose actions the court in its decision recognized as aimed at non-compliance with the will of the testator or against him or his relatives
• persons in respect of whom the court has confirmed their intention to increase their due share in the inheritance mass or an attempt to contribute to their being called to inherit.



At the request of interested persons, heirs who did not support the testator, although such an obligation was assigned to them by law during his lifetime, may be excluded from inheritance by law in court.

Persons entitled to inheritance by law

An analysis of the norms of Chapter 63 of the Civil Code of the Russian Federation allows us to identify a list of persons who have the right to receive an inheritance in the absence of a will. It consists of:

• relatives of the testator by blood of varying degrees of kinship, including his nephews, grandmothers, grandchildren, grandfathers
• stepfather and/or stepmother of the testator, his stepdaughters, stepsons
• persons adopted by the testator and persons who adopted him
• dependents of the testator - citizens who, for at least a year before his death, were supported by him, living together with him.

All of them, in order to enter into their rights, are required to submit to a notary an application for recognition of the right to inherit without a will, a sample of which can be obtained from notary and legal offices.

Among those who have the right to inherit if there is no will, the legislator distinguishes a special category of persons. These include the testator's children under 18 years of age, his parents who have become disabled, children and spouse. All of them are entitled to half of the share that they would have received in the absence of a will, including if none of them was recorded as an heir when the will was executed.

The order of inheritance

Before entering into the rights of inheritance under a will, you must make sure that the queue established in the Civil Code of the Russian Federation is followed.

Thus, the first to be called upon to inherit are the mother and father, the spouse and all the testator’s natural children. If they are absent, refused to accept the inheritance or were deprived of it, the rights to the inheritance pass to the heirs of the next, second stage: sisters and brothers, including half-siblings, grandparents of the deceased. The list of heirs of the third priority includes the testator's aunts and uncles, and the subsequent order is determined by the number of births, excluding the birth of the testator.



Within one turn, the property of the deceased is distributed in equal shares. An exception to this rule applies to persons who inherit by way of representation, that is, citizens who received the right to inherit due to the death of an heir by law. The share that would be due to the deceased is distributed strictly equally between them.

How an inheritance is opened and acquired

Entry into inheritance rights without a will is carried out by sending a written application to a notary. It must state the intention to accept the inheritance and the requirement to obtain the appropriate certificate.

The place where the inheritance is opened is considered to be the last known place of residence of the testator. If it cannot be established, it is considered to be the area where the real estate or the most valuable part of the property constituting the estate is located.



So that everyone who has the right to an inheritance without a will can realize it, the legislator has a period of six months, within which a person is obliged to declare his intention to assume the rights of an heir.

However, even in the absence of such a statement, we can say that in fact the heir has already assumed his rights if he has committed one of the following actions:

• protected the testator's property from claims of third parties
• actually owns and manages the property that makes up the estate, including bearing the costs of its maintenance
• paid off the debt obligations of the testator at his own expense or accepted funds due to the deceased from his debtors.

You can claim rights to an inheritance without a will either personally or through a representative by issuing him a notarized power of attorney with the appropriate powers.

In Art. 1155 establishes a mechanism for accepting an inheritance by a person who has missed the deadline established for this. This issue can be resolved out of court, provided that the remaining heirs do not object to this person taking over his rights. Such consent must be expressed in writing. Otherwise, it is necessary to go to court. A positive decision is possible only if the following conditions are met:

• the heir objectively could not know and actually did not know about the opening of the inheritance
• He missed the 6-month period allotted for filing the application for reasons that the court recognizes as valid.
• from the moment when the heir became aware of the opening of the inheritance, no more than 6 months have passed.

In this case, the court redistributes the inheritance property among all heirs, declaring the certificates issued earlier invalid.

How can a pensioner challenge a will?



Citizens who own property have the right to dispose of property at their own discretion. For example, they can draw up a deed of gift or a will for any person. The process should take into account applicants who are legally entitled to a share in the property, which includes retirees. If you need to challenge the validity of a will, it is recommended that you familiarize yourself with the information presented in this article.

Reasons

A will is a document whose contents reflect the last will of a citizen. There are situations when the testator does not indicate all relatives. If there are legal grounds, heirs not specified in the act have the right to challenge the testamentary act. First of all, this applies to persons who, on the basis of Article of the Civil Code of the Russian Federation under number 1149, can claim an obligatory share in the inheritance.

The law also gives a pensioner the right to challenge a will. This category of persons, based on the order of entry into inheritance rights, may express a desire to challenge the validity of the document.

Grounds for challenging a will:

• Partial or complete incapacity of the testator proven documented
• Inability of a person to be responsible for his actions - being in a state of intoxication, mental illness
• The form and procedure for drawing up the document are contrary to legal norms - the presence of errors, corrections, distortion of information, lack of signatures
• A pensioner has the right to challenge a will if the drawing up of the order was accompanied by violent actions, deception, or threats
• If citizens, being of sound mind, did not participate in the execution of the testamentary act
• Was not notarized
• When drawing up a closed order, the procedure was not followed - there were no witnesses.

Sister is a pensioner

Can a pensioner's sister challenge her brother's will? According to the law, a pensioner sister can claim to challenge a will and receive a share in the inheritance if she is declared incompetent and was dependent on the deceased. Persons classified as “dependents”, living in the apartment with the testator and dependent on the owner, have the right to cancel the validity of the document.

However, if the pensioner sister does not belong to the designated group of persons, then, being a lower-ranking heir, she cannot challenge the will.

Son is a pensioner

Can a retired son challenge a will? According to the law, Art. Civil Code of the Russian Federation No. 1149, the son of the testator belongs to the category of applicants who have the right to receive an obligatory part of the property of the deceased. The exception is the case if a relative of the first category was found by a court decision to be unworthy of inheritance.

Grounds for declaring an applicant for the property of the deceased unworthy:

• Committing a crime against the testator
• Avoidance of legal responsibilities to care for a relative.

Where to go and how to act?

To find out how a pensioner can challenge a will, you need to familiarize yourself with the legislation. Article number 1131 of the Civil Code of the Russian Federation states that a citizen who wishes to challenge a will has the right to file a claim in court. To increase the chances of a positive outcome of the case, it is necessary to prepare evidence confirming the grounds for challenging the act.

Evidence for appealing the order:

• Witness's testimonies
• Certificates from medical institutions
• Post-mortem examination
• Documents recognizing the applicant for a share of property as unworthy.

The statement of claim and package of documentation is submitted to the court of any instance at the location of the apartment, house and other property.

After receiving a positive court decision, the pensioner, by providing a package of documentation, formalizes the right to an apartment at the notary’s office. Disagreement with the court ruling may be appealed.

Documents to court

The trial of a will contest by a pensioner begins only after the proper documentation has been provided.

List of documents for the court:

• Passport
• Certificate confirming the degree of relationship with the testator
• Documents confirming the invalidity of the initial order
• Original testamentary document
• Receipt for payment of state duty. The state duty is 200 rubles.

A statement of claim to the court to challenge a will is drawn up by reflecting the following information:

• Information about participants in the order
• The essence of the appeal and legal grounds for initiating litigation
• Applicant's requirements
• At the end, a date and signature are placed.

statement of claim

Term

When can a pensioner challenge a will? Based on the content of Article 181 of the Civil Code of the Russian Federation, the limitation period for challenging the order of the deceased is one year. if there were violent actions, blackmail, deception. Three years . if the reason for the appeal is an incorrectly executed document.

Appealing a will after the death of a testator is a complex process. If you need to get free legal assistance, you can contact a lawyer on our website. An individual approach to resolving the issue will allow you to obtain the necessary information.

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

• +7 Moscow and region.
• +7 St. Petersburg and region.
• +7 all regions of the Russian Federation.

Inheritance under a will obligatory share of a pensioner

Mandatory share in inheritance

This is due to the fact that certain categories of people need special material protection due to their age or health status. Thus, in a number of cases, the legislator limited the freedom of will. Who has the right to an obligatory share in the inheritance? The law establishes a circle of persons who cannot be completely deprived of inheritance and inherit a share without fail, that is, if there is a will for a certain person (persons) and they are not mentioned in the will. These include: · a) minor or disabled children of the testator · b) disabled spouse · c) disabled parents (adoptive parents) · d) dependents of the deceased. The rule on the right to an obligatory share is imperative, i.e.

What is the required share of a pensioner’s inheritance?

Since the apartment is premarital, then by law it is inherited in equal shares by the spouse, children and parents (if they survive the testator) - Article 1142 of the Civil Code of the Russian Federation. Rate the lawyer's answer: Still have questions? Ask them by phone 8-(800)-505-9265 or on the website Article 1149. The right to a compulsory share in the inheritance The disabled spouse of the testator inherits, regardless of the contents of the will, at least half, which would be due to each of their heirs upon inheritance by law (compulsory ).

Who is entitled to a mandatory share of the inheritance in a will?

This rule is provided for in the Civil Code of the Russian Federation. What it is? Mandatory inheritance is a part of the testator's property that must be awarded to a certain group of people. It is inherited regardless of the contents of the will. This is the only exception to the rules of freedom to dispose of one's property. Mandatory inheritance under a will is the minimum. The testator may award to the heir who has the right to claim it the majority of his property or related rights. It should be taken into account that the obligatory share is inherited even if the testator transfers all his benefits to other persons. The Civil Code of the Russian Federation The Civil Code of the Russian Federation establishes the right to freedom of will (Article 1110). This means that the testator can: transfer his property to any persons; deprive the corresponding right of those who would be called upon to inherit by law; make other orders.

The right to an obligatory share is enshrined in Article 1149 of the Civil Code of the Russian Federation.

What share do I have in inheritance? I am a pensioner - 60 years old

2. The right to an obligatory share in an inheritance is satisfied from the remaining untested part of the inheritance property, even if this leads to a reduction in the rights of other heirs under the law to this part of the property, and if the untested part of the property is insufficient to exercise the right to an obligatory share, from that part of the property which is bequeathed. 3. The mandatory amount includes everything that the heir entitled to such a share receives from the inheritance for any reason, including the cost of the testamentary disclaimer established in favor of such heir.

Inheritance under a will obligatory share of a pensioner

Pensioners, as a disabled contingent, have an obligatory inheritance. In addition to them, this right can be used by: disabled parents of the deceased who have the first or second disability group, disabled second half of the testator, disabled and minor children of the testator, all other heirs recognized as disabled, who were supported by other persons who are not relatives, but living with the testator for at least years and those dependent on him. Legislative acts generally accept two ways of accepting such an inheritance: By will.

Entry into compulsory inheritance by a pensioner

spouses, parents and children of the deceased.

But, in contrast to the generally accepted opinion, they do not always have the right to an obligatory share in the inheritance itself if it was previously divided by a will, and family members were able-bodied at the time of death. The exception means people who are fully dependent on the testator for 1 year or more, and here the degree of relationship and age will no longer play any role.

Who has the right to inheritance regardless of the will?

Privatization of a land plot by a legal entity

Sources: napravah.com, www.gos-ur.ru, advopravo.ru, classomsk.com, likvidaciya-ooo-balashiha.ru

Next:

• Color blindness is inherited from the father
• Actual acceptance of inheritance from a notary if the deadline is missed

No comments yet!
Share your opinion

You might be interested in

Is it possible to sell an apartment received by inheritance without registering it in your name?

How to properly renounce part of an inheritance

How to enter into an inheritance after the death of a father if there are no documents

How much does it cost to enter into an inheritance after death without a will?

Popular

What is more profitable inheritance by law or by will (Read 448)

Notification by a notary about the opening of an inheritance (Read 268)

Re-registration of a trailer by inheritance in traffic police (Read 243)

How is the inheritance divided if one of the heirs dies (Read 216)

Escheatable property or 9th line of inheritance

In the absence of heirs of all orders, or the absence of a will, the right to inheritance passes to the state. Such property is called escheat (Article 1151 of the Civil Code of the Russian Federation).

PS

If there is no will, the immediate relatives have priority rights to inheritance. Life situations are different, some refuse an inheritance, others try with all their might and means to get it. It is simply impossible to simulate all situations and determine who has the right to inheritance under certain circumstances. It is important to understand the general principles of inheritance and follow the law.

Yuri Norvils

Rights and obligations

Heirs have the right:

• take possession of property (whole or part);
• ask for the value of indivisible property in money, if there are several heirs;
• refuse inheritance without specifying reasons;
• defend your rights in court.

Important! According to Art. 1151 of the Civil Code of the Russian Federation, if there are no heirs or they have refused the inheritance, the right of escheat comes into force, that is, the property is transferred to the state free of charge.

The obligations of the heirs are that they must:

1. pay off the debts of the testator;
2. carry out legal actions from the moment of acceptance of the inheritance;
3. announce acceptance no later than 6 months after the death of the testator.

If there is only one heir belonging to the first priority (for example, a spouse), then the entire inheritance goes to him. If there are several of them (for example, two children), then it is divided equally between them.

You will find more information about the rights and responsibilities of heirs in this article.