Inheritance law, Institute of Inheritance Law, General...

Inheritance law

Institute of Succession Law

Generic Inheritance

By inheritance is meant the transfer of property and some personal non-property rights and obligations of the deceased citizen (testator) to other persons (heirs) in accordance with the law.

When inheriting, the property of the deceased passes to other persons in the order of universal succession. This means, first, that the property passes unchanged as the whole, secondly, that it goes to the heirs simultaneously (item 1 of article 1110 of the Civil Code). Accordingly, it is impossible to accept, in the order of inheritance, one's right to accept, but to refuse others. That is why the heir, who took some sort of separate right, is automatically considered to accept all other known and unknown rights of the deceased.

It is necessary to distinguish the right of inheritance in an objective and subjective sense. In the objective sense it is a set of rules governing relations regarding the transfer of rights and duties of the deceased citizen to other persons. It is in this capacity that hereditary law acts as a legal institution that is part of civil law. In the subjective sense under the right of inheritance is understood the right of a person to be called to inherit, and also his entitlement after the inheritance.

According to Art. 1112 Civil Code in the composition inheritance includes the property belonging to the testator on the day of opening the inheritance, other property, including property rights and obligations.

When inheriting, not only the rights, but also the duties of the testator, and, consequently, his debts pass to the heirs. However, the successor who inherits has limited responsibility for the debtor's debts : it answers only within the limits of the value of the hereditary property transferred to it (paragraph 2 of item I of article 1175 of the Civil Code).

Opening an inheritance is the emergence of a hereditary relationship. Legal facts, or the grounds leading to the opening of the inheritance, are the death of a citizen and the announcement by a court of a citizen of the deceased (Article 1113 GK). The opening of the inheritance always takes place at a certain time and place, which has a very important legal significance.

The time of opening the inheritance is the day of death of the testator, and when it is declared deceased, the day of entry into legal force of the court decision to declare the citizen dead. In the case when, in accordance with clause 3 of Art. 45 Civil Code on the day of the death of a citizen is the day of his alleged death, the time of opening the inheritance is the day of death specified in the court's decision (paragraph 1 of Article 1114 of the Civil Code).

Citizens who died on the same day are considered for the hereditary succession to be dead at the same time and do not inherit each other. In this case, heirs of each of them are called to inherit (paragraph 2 of article 1113 of the Civil Code).

The place of opening the inheritance is the last residence of the testator, determined by the rules of Art. 20 of the Civil Code. If the last place of residence of the testator possessing property in the United States is unknown or located beyond the borders, the place of location of such hereditary property shall be recognized as the place of opening of the inheritance in the United States. If the latter is in different places, the place of opening of the inheritance is the location of its constituent real estate or the most valuable part of this property, and in the absence of real estate - the location of movable property or its most chain part. The value of property is determined based on its market value (Article 1115 GK).

Subjects of hereditary succession are the testator and heirs. The testator is the person whose rights and duties go to other persons (heirs) after his death. The testers can be United States and foreign citizens, as well as stateless persons residing in the United States. Legal entities can not leave an inheritance. Heirs are persons specified in the will or law as successors to the testator. Can inherit any subject of civil law: a citizen, a legal entity, public education. Citizens, the United States, US subjects, municipalities can be heirs by law and by will. Legal entities, foreign states and international organizations can act as heirs only if a will is made in their favor.

Citizens who are alive on the day of opening the inheritance and also conceived during the life of the testator and born alive after the opening of the inheritance (paragraph 1 of item 1 of Article 1116 of the Civil Code) may be invited to inherit both by law and by will.

The law deprives the right to receive inheritance unworthy heirs (Article 1117 GK). Thus, citizens do not inherit either by law or by will, who by their deliberate illegal actions directed against the testator, one of his heirs or against the implementation of the last will of the testator, expressed in the will, contributed to or attempted to facilitate the vocation of themselves or others to inheritance, or contributed or attempted to contribute to the increase in the share of the inheritance due to them or to others, if these circumstances are confirmed in court. However, citizens, to whom the testator after the loss of the right of inheritance bequeathed the property, has the right to inherit this property.

Parents do not inherit by law parents after children they were judicially deprived of parental rights and not restored to these rights by the day of inheritance opening.

At the request of the person concerned, the court can remove from the citizens legally legally

These rules apply to heirs who are entitled to an obligatory share in the inheritance. They are also applied to the testamentary failure (Article 1137 GK).

Legal entities can be heirs only by will. In addition, they can receive property from heirs who have renounced the inheritance in favor of a legal entity. The inheritance under the will can be invoked by the legal entities specified in it, existing on the day of opening the inheritance (paragraph 2 of item 1 of Article 1116 of the Civil Code).

Hereditary property passes to the state, if it is bequeathed to him, and also if this property is escheated. Cases of recognition of property escheated determined by law (paragraph 1 of Article 1151 GK). United States. However, in the future it is possible to transfer the property received as inheritance to the ownership of US subjects or municipal entities (clause 3, art. .1151 GK).

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