Receiving an inheritance is often associated with litigation between heirs. The reason is that it is beneficial for the heirs to have as few of them as possible. The appearance of citizens who also lay claim to the property of a deceased relative may be met with hostility.
This often happens with heirs by right of representation. This category includes descendants of predeceased heirs. Such people acquire the right to an inheritance share. Let's find out what inheritance by right of representation is and how to implement it. If problems arise during the process of registering inheritance, we advise you to seek help from lawyers.
Grounds for calling to inheritance
In law there is a term “call to inheritance”. It refers to a situation when a person officially confirms his rights to an inheritance that opened after the death of one of his relatives or simply the one who indicated him in the will. It is from this moment that we can say that the person is actually considered as one of the applicants for receiving property from the deceased owner (testator).
The grounds for a person to be called and included in the number of heirs is the presence of one of two conditions defined by law. These conditions are:
- an existing will in which this person is mentioned;
- fact of relationship or affinity with the deceased.
The grounds for calling for inheritance are not mutually exclusive: no one can prohibit mentioning in a will those relatives who would have received an inheritance by law anyway. However, if there is no relationship or will, citizens usually have no right to claim anything after the death of the testator.
In relations concerning inheritance, kinship is considered either the fact of descent from one ancestor, or family relationships that have developed in a case established by law.
The latter applies to spouses, stepsons and stepdaughters, stepfather or stepmother of the deceased. These citizens are not biologically related to the testator, but can still claim a share in the inheritance.
Another thing is that, unlike spouses, all the persons listed above are called upon only if there are no heirs of previous orders, or someone has refused the inheritance in their favor.
It should also be noted that persons mean not only citizens, but also legal entities, state and municipal entities. They inherit by will, and in certain cases, by law.
Heirs having the right of privileged inheritance
These subjects include blood offspring. It doesn't matter whether they were conceived in marriage or not. “Common-law” spouses, or simply cohabitants, have no claims rights. Joint children are a different matter. If they are under 18 years of age, there is every reason to demand a mandatory share. It is enough to document the fact of relationship. For this purpose, official certificates and certificates are used.
It is believed that the owner is obliged to take care of the parents, and therefore, if they cannot work and earn money, they fall under vocation and claim a mandatory share in the inheritance. But unwillingness to work is not enough. A vocation requires a current reason: illness, retirement, disability. By the way, about people with disabilities and vocation. If in the last years of his life the testator took care of such a person, the latter is also considered a privileged heir.
The order of calling to inheritance
The calling to inheritance is carried out as follows. First of all, documentary evidence of the death of the testator or recognition of his death is necessary. In the first case, a death certificate is sufficient, the procedure for issuing which is regulated by the rules on civil registration. In the second, a court decision on this matter is necessary.
After the death is recorded, the inheritance opens. The opening day is the date indicated in the certificate, or the day of entry into force of the judicial act by which the citizen was declared dead. If the court considers a person to have died under certain circumstances and at a certain time, the inheritance is considered open from the moment specified in the court decision.
Further actions under the opened will are entrusted to the notary in whose territory the testator lived. The notary determines:
- whether there is a will, and if so, what is its content;
- whether there are persons who can be called upon to inherit. These persons can either contact the notary themselves or be notified by him about the opening of the inheritance. In certain cases, the notary has the right to search for such persons.
If the identified persons have grounds for calling for inheritance, the notary checks their documents and gives explanations about the procedure for further actions.
Do you need the help of an inheritance lawyer?
We will advise you on all your questions!
+7
Documents to confirm rights to inheritance
Again the mode of inheritance matters. If we mean testamentary order, then for the calling you will only need a passport. Additional documents may be required if the transfer of property is accompanied by special requirements of the testator. It is necessary to confirm that all orders and regulations have been complied with. The situation is different if the basis for the calling is inheritance by law. Then you need to confirm your relationship.
For this purpose, appropriate certificates, extracts, and certificates are used. When you have to go to court, documentation that forms the evidence base is attached to the statement of claim. To be declared unworthy, evidence of a crime is required. Restoring missed deadlines will require paperwork indicating objective, valid reasons. To accurately determine the list of documentation for vocation in your case, contact professional lawyers for a free consultation.
When sending papers by letter, make sure that they are not originals. It is better to make photocopies and have them certified by a local notary. Such a document acquires identical legal force.
Who can be called to inherit
Persons who may be called upon to inherit are divided into two categories:
1. Heirs under a will. They can be any person. The testator has the right to bequeath his property to anyone and to disinherit anyone, not only without giving an explanation, but also without informing anyone about it. Freedom here is limited only by the need to allocate the obligatory part of the inheritance, which goes to support the dependents of the deceased.
2. Heirs by law. The order and sequence in which they are summoned will be described below. It should only be noted that if not all the property is indicated in the will, then the procedure established by law applies to the remaining part.
Heirs can be not only those who have already been born, but also those conceived before the death of the testator.
Legal advice
In connection with frequent cases of disagreement with the distribution of shares, applications for the restoration of the period of acceptance, applications to confirm the entry into rights or being supported by the deceased, the allocation of a part of the spouse or declaring them unworthy, the heirs turn to the court.
Lawyers can help resolve these and other issues. For example, if an accident occurred on the railway, which is a source of increased danger, lawyers advise contacting them in order to assist family members of the deceased to protect their rights and receive compensation from Russian Railways.
To resolve issues of inheritance registration (consultations, preparation of documents, registration of ownership of the deceased’s property) and defense in court, seek qualified assistance from inheritance lawyers.
Inheritance and inheritance are quite complex concepts, which experienced lawyers will help you understand. In a state of nervous shock from the events that have happened and without support, you can find yourself empty-handed. Even if you study the civil procedure code on your own, you may miss many nuances. A will and the help of specialists will help you protect yourself and support your family and friends.
Inheritance by law
In the event that the testator did not leave any written instructions (a will or documents equivalent to it), the following are called for inheritance:
1. Spouses, children and parents (by nomination - grandchildren, great-grandchildren, etc.);
2. Brothers, sisters, grandparents (nephews and nieces upon submission);
3. Uncles and aunts (according to representation - cousins);
4. Great-grandparents;
5. Great-grandchildren, great-uncles and grandmothers;
6. Great-great-great-grandchildren, first-cousin nephews, great-uncles and aunts.
7. Stepsons, stepdaughters, stepmother and stepfather.
The number in the list means the order of calling: if there are no heirs of the corresponding order, relatives from the next one are called upon. The idea means that if an heir from the corresponding line dies, but his descendants remain, the part of the inheritance due to him should be divided between them.
It is also necessary to note the disabled dependents of the deceased who are not related to him.
They inherit together and equally with the heirs of the line that is called for inheritance, and if there are no other heirs, or everyone has refused, they inherit as the eighth line.
Finally, if there are no heirs, the property passes to the state. The exception is housing - it is transferred to the ownership of the municipality.
Features of transferring a share in a business by inheritance
The inheritance is accepted within 6 months.
At the same time, rights to shares, shares, shares, etc. transferred at the time of making an entry in the relevant register (Unified State Register of Legal Entities or register of shareholders). As a result, from the moment of death until the registration of the transfer of rights to the heirs, the shares in the business actually remain ownerless: the previous owner died, and the new owners cannot exercise management rights, since the transfer of rights has not been formalized.
The only way out is trust management, the founder of which is a notary (Article 1173 of the Civil Code of the Russian Federation).
An agreement with a trustee is concluded by a notary with the consent of all heirs known at the time of signing the agreement, who are indicated as beneficiaries. Once new heirs are discovered, they must also be indicated in the contract. In the absence of the consent of the heirs, the agreement with the trustee may be declared invalid (see Ruling of the Supreme Court of the Russian Federation dated July 7, 2015 No. 78-KG15-7).
In this case, the legal entity must provide the heirs with a reasonable period for appointing a trustee, “the company, in turn, should not take any actions affecting the rights and legitimate interests of the heirs before the expiration of such period” (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 27, 2012 No. 12653 /11 in case No. A36-3192/2010). If the heirs do not exercise their right within a reasonable time, then the company “has the right to take the necessary actions without the participation of such a trustee, unless other circumstances prevent the continuation of the company’s activities” (ibid.).
The testator can record his last will in more detail using a testamentary refusal or assignment.
Invitation to inherit by will
Both people and organizations, as well as state and municipal entities, can be called upon to inherit by will. It should be noted that in the event of the death of an heir under a will, his descendants do not inherit for him by right of representation.
If the deceased has given the order, the notary notifies the heirs about the will and its contents. In other cases, the heirs themselves look for the will and contact a notary with it, who confirms that the document is genuine and its contents have not been changed.
Escheat
This term is given to inheritance objects that remain unclaimed. They go to the state. The local government becomes the actual successor. But even if this happens, you can go to the court of the same district or city and demand that the vocation be restored. But this is only possible within the three-year limitation period. To prevent this from happening, contact the notary in time.
People who have in their hands a decision from a USSR court that the deceased himself has been declared unworthy will be able to cancel the will, since it is believed that the grandfather’s inheritance was transferred to the father illegally.
Inheritance of compulsory share
Despite the fact that the law establishes freedom of will, there are persons who must always receive their shares in the estate. These include:
- Children of the deceased (both natural and adopted), if at the time of opening the inheritance they are under 18 years old or they are classified as disabled;
- The surviving spouse, if he is also a disabled person;
- The parents of the deceased, if they are alive at the time of opening of the inheritance and also cannot work themselves.
- Persons classified as disabled dependents who lived for at least a year with the deceased and were supported by him. Even if they are not considered to be legal heirs at all, or if their turn has not yet arrived, they have the right to count on receiving a mandatory share.
The law establishes the size of the mandatory share. For disabled dependents of the deceased, it is at least half of what they would have received by law if there had been no will. The payment of the obligatory share is made from the property that was not mentioned in the will. If this is not enough, the share that the heirs receive under the will is reduced.
However, if persons entitled to receive a compulsory share inherit something on other grounds (by virtue of a law or a will), what they already receive is included in the compulsory portion, and no increase occurs.
The mandatory share for disabled dependents may be reduced.
This is allowed if the allocation of the obligatory part will lead to the fact that the heir under the will cannot be transferred to the housing in which he previously lived, or the property that he used to receive his main income (tools, a workshop, etc.). In this case, it is necessary that the person who is among the disabled dependents of the deceased has not previously used this property.
Business inheritance. Opportunities and limitations.
Let's continue to consider the nuances of the intersection of business and family relationships. Today's article is devoted to the problems of inheritance in business.
“Automatic” inheritance does not always satisfy company owners and their partners: not all heirs may meet the criteria of worthy entrepreneurs and managers. Let us remind you that when inheriting by law, all property is divided into equal shares between the heirs, who are involved in inheritance in order of priority.
| Order of inheritance: First the queue is the children, spouse and parents of the testator. In this case, it does not matter from which marriage the children were born - from the previous one, concluded at the time of death or out of wedlock. Instead of the testator's children who died at the time of opening the inheritance, their descendants, that is, the testator's grandchildren, receive the inheritance. Second turn - full and half brothers and sisters of the testator, his grandparents on both the father's and mother's sides. Third turn - full and half brothers and sisters of the testator's parents (testator's uncles and aunts). If there are no heirs of the first, second and third orders, the right to inherit according to the law is given to the relatives of the testator of the third, fourth and fifth degrees of kinship, who are not related to the heirs of the previous orders. |
To acquire an inheritance, the heir must accept it within six months from the date of opening (clause 1 of article 1152, clause 1 of article 1154 of the Civil Code of the Russian Federation).
There are two ways to accept an inheritance (Article 1153 of the Civil Code of the Russian Federation):
|
After accepting the inheritance, the heirs must obtain a certificate of right to inheritance from a notary. On its basis, the transfer of rights to real estate, as well as shares, shares and interests in legal entities is registered.
As we see, inheritance by law can lead to the actual division of the company, as they say, in a live manner: on the one hand, equal shares between the heirs (children, grandchildren, spouses, etc.), who are not always interested or are simply unable develop or at least maintain life in business; on the other hand, there are partners who cannot or do not want to work with the heirs. As a result, the business can become completely unmanageable.
Of course, the owner has the opportunity to ensure in advance the safety and prospects for the development of the business after his death. The only way to posthumously dispose of your property is a will, which must be certified by a notary.
| Is it possible to transfer a share in a business by inheritance? |
You can bequeath any property (property rights and obligations), including those acquired in the future (Articles 1112 and 1120 of the Civil Code of the Russian Federation).
That is, shares in the authorized capital of an LLC, shares, shares in cooperatives, etc. can be inherited without restrictions. This is fully confirmed by judicial practice, in which the subject of the dispute is the ownership of shares in legal entities passed by inheritance, both by will and by law.1
Let us note that you can even bequeath shares in legal entities that have not yet been created at the time of registration of the posthumous will. For example, you can indicate that shares in all legal entities that belonged to the deceased are transferred to the heir.
It is important that the property and/or property rights are identified to a sufficient extent to enable it to be determined which property is being referred to. If you indicate, for example, that only shares in “construction organizations” are transferred to the corresponding heir, then disputes will certainly arise about which organizations were meant.
If the provisions are formulated incorrectly, the entire will or part of it may be declared invalid due to recognition as such by the court (voidable will) or regardless of such recognition (void will). The limitation periods in this case are the same as for transactions - 1 year for a contested will and 3 years for a void one.
A will may be declared invalid by a court upon the claim of a person whose rights or legitimate interests are violated by this will.
| Features of transferring a share in a business by inheritance. |
The inheritance is accepted within 6 months. At the same time, rights to shares, shares, shares, etc. transferred at the time of making an entry in the relevant register (Unified State Register of Legal Entities or register of shareholders).
As a result, from the moment of death until the registration of the transfer of rights to the heirs, the shares in the business actually remain ownerless: the previous owner died, and the new owners cannot exercise management rights, since the transfer of rights has not been formalized.
The only way out is trust management, the founder of which is a notary (Article 1173 of the Civil Code of the Russian Federation).
An agreement with a trustee is concluded by a notary with the consent of all heirs known at the time of signing the agreement, who are indicated as beneficiaries. Once new heirs are discovered, they must also be indicated in the contract. In the absence of the consent of the heirs, the agreement with the trustee may be declared invalid (see Ruling of the Supreme Court of the Russian Federation dated July 7, 2015 No. 78-KG15-7).
In this case, the legal entity must provide the heirs with a reasonable period for appointing a trustee, “the company, in turn, should not take any actions affecting the rights and legitimate interests of the heirs before the expiration of such period” (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 27, 2012 No. 12653 /11 in case No. A36-3192/2010). If the heirs do not exercise their right within a reasonable time, then the company “has the right to take the necessary actions without the participation of such a trustee, unless other circumstances prevent the continuation of the company’s activities” (ibid.).
The testator can record his last will in more detail using a testamentary refusal or assignment.
| Testamentary refusal and assignment. |
With the help of a testamentary refusal (Article 1137 of the Civil Code of the Russian Federation), one, several or all heirs can be obliged to transfer property and/or fulfill any obligation to a third party (legatee).
What is the meaning of a Testamentary refusal
? The fact is that the heir can be transferred to any right (for example, the right of ownership or lease, etc.) that the testator himself had - no more, but no less. A testamentary refusal allows you to more diversely determine the fate of the use of inherited property. The refusal can be assigned both to the heir under the will and by law. A testamentary refusal is established in a will. The contents of the will can only be exhausted by it. A legacy is not inherited, that is, with the death of the legatee, the obligation to execute the legacy disappears.
So, for example, by transferring a share in an LLC to one of the heirs, the testator may oblige part of the dividends received to be transferred to other heirs or other persons. Or oblige your heirs to lease, for example, some property to your partner. Upon subsequent transfer of ownership of the property that was part of the inheritance to another person, the right to use this property granted by testamentary refusal remains in force.
The right to receive a testamentary refusal is valid for three years from the date of opening of the inheritance. That is, the legatee can use a testamentary refusal, for example, in the form of a lease agreement for premises for life or for a period specified in the will, but he must apply for execution of the refusal within three years after the death of the testator. A testamentary refusal can impose on the heirs only obligations of a property nature in relation to a specific person.
Another tool that allows you to determine the fate of an inheritance in more detail is the Testamentary Assignment
. It obliges the heir to perform any action of both a property and non-property nature (Article 1139 of the Civil Code of the Russian Federation). An assignment may, for example, actually regulate corporate relations. Such an assignment may be the obligation to vote in a certain way at the general meeting of LLC participants or to perform other actions.
The notary must notify the interested parties about the testamentary refusal and assignment, but is not obliged to look for them. Therefore, to ensure their interests, it is advisable for the testator to notify all interested parties about the granting of any rights under the will already when drawing it up. This will allow them to properly execute the death will.
If the heirs do not execute a testamentary refusal or assignment, then interested parties can apply to the court with a demand to force them to perform certain actions in accordance with the will. The courts actively support legatees in cases of violation of the posthumous will by the heirs.2
If, as a result of circumstances established by law, the share due to the heir who was entrusted with the obligation to execute a testamentary refusal or testamentary assignment passes to other heirs, the latter (unless otherwise follows from the will or law) are obliged to fulfill such refusal or such assignment.
A will can work in conjunction with intestate succession. The testator, using a will, can distribute certain property among heirs or transfer part of the property to a third party. A will can also disinherit one or even all legal heirs.
Heirs are not always ready to continue their parents' business. Entrepreneurial dynasties are rare. In such cases, shares in the business can be transferred to the heirs, but through a testamentary refusal and/or assignment, give the reins of power to your partners for a certain period, which is determined by the testator and specified in the will.
Such possibilities of a will bring it closer to a corporate agreement. And this gives rise to hopes for its wider use... For example, as a tool for resolving relations between partners after the death of one of them, as well as for controlling individuals who own shares or occupy leadership positions (nominees). However, this is virtually impossible.
The fact is that the testator is not obliged to inform anyone about the contents, execution, change or cancellation of the will, while he has the right to cancel or change the will he has drawn up at any time after its execution, without indicating the reasons for its cancellation or change. (clause 2 of article 1119 and clause 1 of article 1130 of the Civil Code of the Russian Federation). As a result, you will not even know that, for example, the nominee has changed the terms of the will.
In addition, the heirs must carry out the will of the testator only within the limits of the inheritance. Therefore, the refusal or assignment will not be executed if the property that was inherited is not enough: the real estate has depreciated, for example, or the company has ceased to make a profit, etc.
| Mandatory share in the inheritance. |
And another significant fly in the ointment is the obligatory share in the inheritance. In fact, freedom of testament is significantly limited by the right to a compulsory share.
Minor or disabled children of the testator, his disabled spouse and parents, as well as disabled dependents of the testator who are subject to inheritance on the basis of law, inherit, regardless of the contents of the will, at least half of the share that would be due to each of them upon inheritance by law (mandatory share - Clause 1 of Article 1149 of the Civil Code of the Russian Federation).
That is, heirs-pensioners, children and disabled people will be entitled to half of what is due to them by law, regardless of the contents of the will.3
The right to an obligatory share is preserved even if the disabled heir was directly deprived of the inheritance by the will. The courts interpret this provision literally and do not provide any opportunity to deprive the right to an obligatory share. For example, in the Appeal ruling of the Moscow City Court dated November 18, 2016 in case No. 33-41829/2016, the court directly stated that freedom of will is limited by the rules on compulsory share in inheritance.
The recipient of the obligatory share is determined by the notary, and in the event of a controversial situation, by the court. Nevertheless, it is possible to partially neutralize the negative consequences of this provision of the Civil Code.
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 the part of the property that is willed (Clause 2 of Article 1149 of the Civil Code of the Russian Federation).
That is, if there is enough property to pay the obligatory share that is not covered by the will, then the bequeathed property is transferred according to the will of the testator.
Thus, to protect the business, it is necessary, having disposed of shares in the business in the will, to leave part of the property untested for the heirs by law.
| Features of inheritance of shares in some forms of legal entities. |
1. Joint stock companies
The law does not allow a ban on the transfer of shares by inheritance. However, according to paragraph 5 of Art. 7 of the Federal Law “On JSC”, the charter may provide for the need to obtain the consent of shareholders for the alienation (including inheritance) of shares of non-public joint-stock companies. But at the same time, this ban is valid for no more than 5 years from the date of its establishment. For a PJSC, no restrictions on the transfer of shares by inheritance can be provided. Thus, public joint-stock companies are the most favorable for inheriting OPF - the remaining shareholders cannot limit the transfer of shares to the heirs.
However, there are pitfalls in inheriting shares. The Unified State Register of Legal Entities contains information only about the founders of a joint-stock company. Information about shareholders is located in the registrar of the JSC. This information is not publicly available and the heirs may simply not know that the deceased had shares. To receive shares, the heirs must know which joint stock company the testator was a shareholder of. If the heir believes that the testator had shares of any JSC, then he must inform the notary about this. The notary will make a request to the relevant registrar to verify this information.
2. Limited liability company.
Shares in the authorized capital, as well as shares, are inherited in the general manner. However, the charter may provide that the heir can become a member of the LLC only with the consent of the other participants. If the heir is denied participation in the LLC, then in accordance with clause 2 of Art. 23 of the Federal Law “On LLC”, the company pays him the actual value of the share. This procedure can also significantly cripple a business. But here it’s up to the partners to decide: either to accept the heirs into their ranks, or to pay them their due share. Courts never question the right of other participants to deny heirs participation in the LLC, if this is provided for in the Charter.4
At the same time, LLC participants can selectively accept some heirs and refuse others.
3. Production cooperatives.
The charter of the PC, as well as in the case of an LLC, may provide for a requirement for consent to transfer the share to the heirs. It is also necessary to pay attention to the restrictions set for PC members. Members of the cooperative can be citizens who have reached the age of sixteen. (Clause 1, Article 7 of the Federal Law of 05/08/1996 No. 41-FZ “On Production Cooperatives”).
As a result, if the heir has not yet reached the age of 16, then regardless of the conditions for joining the PC and/or the opinions of other members of the cooperative, he will not be able to join it. All he can count on is to pay the actual value of the share. Taking into account the fact that when determining a share, an indivisible fund is not taken into account, this can seriously affect the rights of the heirs.
4. General partnership
The peculiarity of a general partnership is that only “commercial” entities - individual entrepreneurs and organizations - can be partners. An individual can obtain the status of an individual entrepreneur, but again, this requires the requirement of legal capacity and age (at least 14 years for emancipated individual entrepreneurs).
Of course, it is possible to fix your will regarding shares in a business. With varying degrees of specificity.
However, it must be remembered that over a long period of time (6 months), uncertainty arises in the management and ownership of legal entities: the heirs cannot yet exercise their rights and fully participate in the management of assets. The law provides for the possibility of introducing trust management, but this procedure must be introduced actually on the initiative and with the consent of the heirs.
Also, the obligatory share in the inheritance significantly affects the execution of the posthumous will, to the point that part of the inheritance will be transferred to a person who, according to the will, was denied inheritance at all. If the testator wants the most painless and safe transfer of his business into reliable hands, he should ensure that the will details the property that goes to each heir, the powers and obligations that they have. Ensure the possibility of paying the obligatory share in the inheritance without the threat of transferring the business to unreliable persons.
It is also very important to have information about the organizations in which the testator is a participant, so that the heirs can ensure their rights in a timely manner and protect themselves from dishonest actions of partners and other persons.
Serious restrictions on the freedom to dispose of property in a will can be largely neutralized with careful development of the posthumous will and its recording. But in relation to business, there are still many questions:
- what if the entire business is conducted on behalf of one individual entrepreneur? In this case, his death will significantly paralyze all activities. How to manage a current account, for example?
- what if a business is built by a group of companies in which the owner is not legally represented everywhere, how to guarantee the rights of the heirs? For example, in cross-ownership there is, in principle, no possibility of inheritance...
As always, the solution to questions is only in the combinatorics of tools. Perhaps in some organizations the heirs need to be included in the list of participants during the life of the owner, but without any opportunity to decide anything.
We will share specific examples with you at our “Staying Alive” Business Course, which will be held June 1-3, 2021 in Yekaterinburg.
Discuss material
Our others
Persons who cannot be called to inherit
The law contains certain restrictions on who can be included in the number of heirs. There are two categories of persons who cannot be called upon to inherit:
1. Those who cannot inherit either by law or by will (absolutely unworthy heirs);
2. Those who are deprived of the right to inherit by law, but can be called upon by will (conditionally unworthy).
The first category of unworthy heirs includes:
- Persons who committed illegal actions against the deceased himself, against one of his heirs, violated the order in which the will should have been applied. The purpose of these actions should be to call either themselves or one of the other persons to inherit. Also, the goal of an illegitimate heir may be an attempt to increase the size of the share due to him or someone else. If the fact of such actions is established by the court, the person is deprived of all rights to inheritance.
- Persons who did not fulfill their alimony obligations towards the deceased. This requires a court decision on the application of one of the interested parties.
The second category (conditionally unworthy) includes:
- A mother or father deprived of parental rights if the testator is their son or daughter. If at the time of death their rights have not been restored, they can receive an inheritance only by will.
- Unworthy heirs, even if they have lost the right to inherit according to a judicial act - if there is a properly executed will, drawn up after the entry into force of this judicial act. Essentially, this means that although the testator was aware of their unworthy actions, he forgave them and included them in his will.
If a person, for one reason or another, is among those who do not have the right to inherit, but still manages to receive something from the inheritance mass, he is obliged to immediately return what he received to the legal heirs. It should also be noted that this rule also applies to those who, if they had not been deprived of the inheritance, would have the right to claim a compulsory share.
Author of the article
Sample application for inheritance
Statement of claim for inheritance
Size: 26 KB
When filling out, you can use the samples that are published on our website. But often the situation is different from that described in the example. Therefore, adjustments will need to be made. To do this, it is better to consult a lawyer. The main thing is that you have all the necessary attributes (date, signature, details of the applicant and addressee). And in the text they indicate the grounds for the calling, describe the inheritance, list the attached documents, and identify the testator.
