Acquisition of inheritance - Civil law

Acquisition of inheritance

In accordance with paragraph 1 of Art. 1152 GK for the acquisition of inheritance heir must accept it. Acceptance of inheritance is not required only for the acquisition of escheat.

Acceptance of inheritance is a one-sided transaction, performed by the heir. The peculiarity of this transaction is that it is given a retroactive effect. According to paragraph 4 of Art. 1152 CC accepted inheritance is recognized as belonging to the heir from the date of opening the inheritance irrespective of the time of its actual acceptance, and also irrespective of the moment of state registration of the right of the heir to the hereditary property, when such right is subject to state registration.

As the property of the deceased passes to the heirs as a single whole (item 1 of Article 1110 of the Civil Code), the acceptance by the heir of the inheritance part means the acceptance of /strong> of the inheritance due to him, whatever it is and wherever it is. At the same time, the acceptance of an inheritance by one or more heirs does not mean its acceptance by the other heirs (Paragraph I, paragraph 2, and paragraph 3 of Article 1152 of the Civil Code). The law does not allow the acceptance of an inheritance under a condition or with reservations (paragraph 3 of paragraph 2 of Article 1152 of the Civil Code).

Acceptance of inheritance is possible in two ways:

1) by applying the notary to the notary or the authorized person in accordance with the law to issue certificates of the right to inheritance to the official;

2) by actually accepting the inheritance.

In the first case, the heir submits at the place of opening the inheritance to the notary or the above official an application for the acceptance of the inheritance or for the issuance of a certificate of the right to inheritance.

In the second case recognized until it is proved otherwise, that the heir accepted the inheritance, if he has committed actions that demonstrate the actual acceptance of the inheritance, in particular, if the heir:

- entered into possession or management of hereditary property;

- took measures to preserve inheritance property, protect it from encroachments or claims of third parties;

- made at his own expense the costs of maintaining the hereditary property;

paid for his own account the debts of the testator or received from third parties the funds due to the testator (paragraph 2 of Article 1153 of the Civil Code).

Legacy can be taken by the above methods for six months from the day it opened.

If the right of inheritance arises for other persons due to the refusal of the heirs to inherit or the removal of the heir from participation in inheritance as unworthy (Article 1117 of the Civil Code), such persons may take inheritance for six months from the day that they inherited the right of inheritance.

Persons for whom the right to inherit the vozi and castes only as a result of the non-acceptance of the inheritance by another heir may take the inheritance within three months from the day of the end of the general period for the acceptance of the inheritance 1154 GK).

At the request of the heir who missed the deadline for the acceptance of the inheritance, the court can restore this term and recognize the heir as having inherited, if the heir did not know and should not have known about the opening of the inheritance or missed this period for other valid reasons and provided that the heir who missed the deadline set for the acceptance of the inheritance applied to the court within six months after the reasons for the omission of this term fell away. In this case, the shares of all heirs are determined anew, and previously issued certificates of the right to inheritance are recognized by the court as invalid (paragraph 1 of Article 1155 of the Civil Code).

The inheritance may be taken by the heir at the expiration of the time limit established for its adoption, without resorting to a court, provided this consent in writing to all other heirs who accepted the inheritance (item 2 of item 1155 ГК).

If the heir, called for inheritance under the will or by law, died after the opening of the inheritance, failing to receive it within the prescribed time, the right to inherit the inheritance due to him passes to his heirs by law, and if all hereditary property was bequeathed to his heirs by will (hereditary transmission). The right to inheritance in the order of the hereditary transmission is not part of the inheritance , opened after the death of such an heir.

The right to inheritance, which belonged to the deceased heir, may be exercised by his heirs on general grounds. In this case, if the part of the term established for the acceptance of the inheritance is less than three months after the death of the heir, it expands to three months. The right of the heir to take part of the inheritance as an obligatory share item 1149 GK) does not pass to its successors (item 1156 GK).

According to Art. 1157 of the Civil Code, the heir has the right to renounce the inheritance in favor of other persons (Article 1158 GK) or without specifying the person for whom he refuses the hereditary property. Renunciation of inheritance is a one-way deal. When inheriting escheat, it is not allowed.

The heir has the right to refuse the inheritance within the period established for acceptance of the inheritance (Article 1154 of the Civil Code), including in the case when he has already accepted the inheritance. If the heir has committed acts that testify to the actual acceptance of the inheritance (clause 2 of Article 1153 of the Civil Code), the court may, at the request of this heir, recognize him as having renounced the inheritance and after the expiration of the established period if he finds the reasons for missing the period valid. Renunciation of the inheritance can not be later changed or taken back. The refusal of the inheritance in the case when the heir is a minor, incompetent or limitedly capable citizen, is allowed with the prior permission of the guardianship and trusteeship authority.

The heir has the right to renounce the inheritance in favor of other persons from among the heirs by will or heirs under the law of any order not deprived of an inheritance (clause 1 of Article 1119 of the Civil Code), including in favor of those who are called to inherit representation or in the order of a hereditary transmission (item 1156 GK). Refusal of inheritance in favor of any other persons is not allowed.

It is not allowed to renounce an inheritance in favor of any of these persons:

from property inherited under the will, if all the property of the testator is bequeathed to the heirs appointed by him;

of the mandatory share in the inheritance (Article 1149 GK);

if the successor is assigned an heir (Article 1121 GK).

It is not allowed to renounce an inheritance with reservations or under a condition.

A refusal of from a part of inheritance due to the heir is not allowed. However, if the heir is summoned to inheritance simultaneously for several reasons (by will and by law or by way of hereditary transmission and as a result of opening an inheritance, etc.), he has the right to refuse the inheritance due to him for one of these grounds, for several of them them or for all reasons (Article 1158 GK).

The law regulates the increment of hereditary shares. According to Art. 1161 CC if the heir does not accept the inheritance, renounces the inheritance, without specifying that he refuses to benefit another heir (Article 1158 CC), will not have the right to inherit or will be removed from inheritance on the grounds established by Art. 1117 Civil Code, or due to the invalidity of the will, part of the inheritance that would be due to such the heir falling away, goes to the heirs by law, called for inheritance, in proportion to their hereditary shares.

In case the testator hung all the property to the heirs he appointed, a part of the inheritance that was due to the heir, who refused the inheritance or who fell away from other grounds indicated, transfers to the other heirs by will. However, a legacy may provide for a different distribution of this part of the inheritance.

The above rules do not apply if the heir to the heir who was disposed of was assigned an heir (clause 2 of Article 1121 of the Civil Code).

The certificate of the right to inheritance is issued at the place of opening the inheritance by a notary or an authorized official. The certificate is issued at the request of the heir. At the request of heirs, a certificate may be issued to all heirs together or to each heir separately, to all hereditary property in general or to its individual parts. In the same way, a certificate will be issued even when the escheat property passes to the United States, a US entity or a municipal formation. In case of revealing after the issue of a certificate of the right to inheritance of inherited property for which such a certificate has not been issued, an additional certificate of the right to inheritance is issued (Article 1162 of the Civil Code).

In accordance with Art. 1163 CC, inheritance under the law, both by will and testament, a certificate of the right to inheritance can be issued until the expiration of six months from the day of opening the inheritance, if there is reliable information that, that except for persons applying for the issuance of a certificate, other heirs having the right to inheritance or the corresponding part thereof, is not available. The issuance of a certificate of the right to inheritance is suspended by a court decision, as well as in the presence of a conceived, but not yet born heir.

If you inherit by law, if the hereditary property passes to two or more heirs, and if you inherit by will, if it is hung up to two or more heirs without specifying the property inherited by each of them, hereditary property comes from the day of opening the inheritance in the shared ownership of the heirs (part I, article 1163 GK).

The hereditary property, which is in common shared ownership of two or more heirs, can be divided by agreement between them. The rules of the Civil Code on the form of transactions and the form of contracts (item 1 of item 1165 GK).

The heir, who has together with the testator the right of common ownership to an indivisible item (Article 133 of the Civil Code), the share in the right to which is part of the inheritance, the pre-emptive right to receive, on account of their hereditary share, a thing that was in common ownership before the heirs who were not previously participants in common property, whether they used this thing or not.

The heir, who always used the indivisible thing that is a part of the inheritance, also has a pre-emptive right to receive on account of his hereditary share of this thing before the heirs who did not use this thing and who were not previously participants in the common ownership of it.

If the inheritance includes a dwelling (a dwelling house, an apartment, etc.), the division of which in kind is impossible, the priority right to receive this dwelling in accordance with their shares is the heirs living in this residential building by the day opening of the inheritance and having no other housing premises (Article 1168 GK).

According to Art. 1169 Civil Code, the heir who lived on the day of opening the inheritance together with the testator, has the pre-emptive right to receive items of ordinary household furnishings and household items when dividing the inheritance.

Disproportion of hereditary property, the priority right to receive which the heir inherits, with his hereditary share is eliminated by transfer by this heir to other heirs of other property from the composition of the inheritance or by providing other compensation, including payment of the relevant amount of money (clause 1, article 1170 of the Civil Code).

The above rules of Art. 1168-1170 Civil Code are applied during three years from the day of opening the inheritance (part 2 of article 1164 of the Civil Code).

To protect the rights of the heirs, legatees and other interested persons, the executor of the will or the notary at the place of opening the inheritance take the necessary measures to protect the inheritance and to manage it (Article 1172 of the Civil Code) . The notary takes measures to protect the estate and manage it upon the application of one or several heirs, the executor of the will, the local government body, the guardianship and trusteeship authority or other persons acting in the interests of preserving the hereditary property. In the case where the executor of the will is appointed, the notary takes measures to protect the estate and manage it in agreement with the executor of the will. The executor of the will takes measures to protect the inheritance and manage it independently or at the request of one or several heirs (Article 1171 of the Civil Code).

According to Art. 1173 CC in cases when the inheritance includes property that requires not only protection but also management (an enterprise, a stake in the authorized (share) capital of an economic partnership or a company, securities, exclusive rights, etc.), a notary in accordance with Art. 1026 GK concludes a contract of trust management of this property as the founder of such management. If inheritance is carried out under a will in which a will is appointed, the rights of the founder of trust management belong to the executor of the will.

The necessary expenses, caused by the death-test illness of the testator, the expenses for his worthy funeral, including the necessary expenses for the burial place of the testator, the expenses for the protection of the inheritance and management, as well as the costs associated with the execution of the will, are reimbursed at the expense of the inheritance within its cost. Claims for reimbursement of these expenses can be brought against the heirs who accepted the inheritance, and before the acceptance of the inheritance - to the executor of the will or to the hereditary property. Such expenses are reimbursed before payment of debts to creditors of the testator and within the limits of the value transferred to each of the heirs of the hereditary property. At the same time, the law establishes three lines of reimbursement of these expenses:

1) expenses caused by the illness and funeral of the testator;

2) expenses for the protection of inheritance and management of it;

3) costs associated with the execution of the will.

Day of implementation of expenses for worthy funeral of the testator can be used any money belonging to him, including deposits or accounts in banks. Banks in whose deposits or accounts are the funds of the testator are obliged to by order of the notary provide them to the person specified in this resolution to pay such expenses. The heir to whom the funds deposited in the deposit or located on any other accounts of the testator in banks, including when they are hung up by way of a testamentary order in the bank (Article 1128 of the Civil Code), are entitled at any time before the expiry of six months the day of opening the inheritance, to receive from the deposit or from the testator's account the funds necessary for his funeral. However, in all cases, the amount of funds issued by the bank to the funeral of the testator can not exceed 40,000 rubles. (Article 1174 of the Civil Code).

In accordance with Art. 1175 GK heirs who took over the inheritance, are responsible for the debts of the testator in solidarity (Article 323 GK). At the same time, each of them is responsible for the debtor's debts only within the limits of the value of the inherited property transferred to him. Prior to the acceptance of the inheritance, creditors' claims may be presented to the executor of the will or to hereditary property. In the latter case, the court suspends consideration of the case until the inheritance of heirs or the transfer of escheat by inheritance to the United States, the subject of the United States or the municipal formation. When presenting claims by the testator's creditors, a special rule applies, according to which the limitation period established for the relevant requirements is not subject to suspension, suspension and restoration.

The current legislation (Chapter 65 of the Civil Code) contains rules relating to the inheritance of certain types of property. These types of property are (item 1176-1185 GK):

• rights associated with participation in business partnerships and societies, production cooperatives;

• the rights associated with participation in the consumer cooperative;

• Enterprise;

• property of a member of a peasant (farming) economy;

• things that are limited in turnover;

• Land plot

• unpaid amounts given to a citizen as a means of subsistence;

• property granted to the testator by the state or municipal entity on preferential terms;

• state awards, honorary and memorable signs.

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