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Terminology
of the inheritance right

Inheriting is a certain activity regarding the transfer of property and property rights (estate - an apartment, a room, a house, etc., in general - real estate, shares, bank accounts, firms, movable property, debt liabilities, credits, and other proprietary and non-proprietary rights excluding personal liabilities such as benefits, allowances, alimony, etc.) belonging to a departed individual (ancestor) on the basis of law or will with regard to other individuals (inheritor).

Inheritance by law.

Inheritance by law is formalized in case there is no will of an ancestor (a person who died). There is an order of priority of inheriting for people being legal inheritors: children, a spouse, and parents of an ancestor are the first priority. Ancestor's grandchildren and their descendants shall inherit by representation. Blood and non-blood brothers and sisters of an ancestor, his grandfather and grandmother, both on his father's and on his mother's side, are the second priority. Children of blood and non-blood brothers and sisters of an ancestor (nephews and nieces of an ancestor) shall inherit by representation. Blood and non-blood brothers and sisters of ancestor's parents (uncles and aunts of an ancestor) are the third priority. Cousins of an ancestor shall inherit by representation. Relatives of the third degree of kindred - great grandfathers and great grandmothers of an ancestor - are the forth priority. Relatives of the forth degree of kindred - children of full cousins of an ancestor (grandchildren once removed) and full brothers and sisters of his grandfathers and grandmothers (grandfathers and grandmothers once removed) - are the fifth priority. Relatives of the fifth degree of kindred - children of ancestor's grandchildren once removed (great-grandchildren once removed), children of his brothers and sisters once removed (nephews and nieces once removed), and children of his grandfathers and grandmothers once removed (uncles and aunts once removed) are the sixth priority. Ancestor's stepchildren, stepfather and stepmother are the seventh priority.

Inheritance by will.

In such a case the inheritance shall be accepted by those people only who are indicated in a will composed while an ancestor alive. Exception is the existence of people pretending to a hereditary portion that is: disabled legal inheritors depending on an ancestor for not less that one year; disabled people depending on an ancestor for not less than one year and keeping house with him; underage or disabled children of an ancestor; his disabled spouse or parents.

Inheritance by representation.

This is transfer of a right to inheritance from a legal inheritor who died prior to commencement of succession or concurrent with an ancestor to his corresponding descendants; inheritance shall go shares between them.

Compulsory hereditary portion.

In case of inheriting by will there exists the compulsory hereditary portion for disabled legal inheritors depending on an ancestor for not less than one year; disabled people depending on an ancestor for not less than one year and keeping house with him; underage or disabled children of an ancestor; his disabled spouse and/or parents. Right of inheritance for people mentioned above arises notwithstanding the content of will and in the amount of not less than half of portion which would be due to each of them in case of inheritance by law.

Order of succession.

Inheritance by law shall be performed on the basis of the order of priority based on the degree of kindred to an ancestor. There are eight priorities in total (for more details see Inheritance by law). Inheritors of each succeeding priority shall inherit in case there are no any inheritors of preceding priorities. In case of the existence of inheritors of preceding priority, the inheritors of succeeding priorities shall be suspended from inheritance.

Will.

Will is a testament of a person for his property (all or a portion of it) and right to receive such property in favor of somebody. A will itself is a unilateral contract which means it is possible to revoke a will by composing a new will. In this respect, inheritance by will shall be assigned to those indicated in such will only. The rest of the persons shall be denied a right to coming into inheritance.

Inheritance timeframe.

Commencement of inheritance occurs at ancestor's death. Term of inheritance acceptance according to general provision is 6 months from the date of ancestor's death. Upon expiration of this period a certificate of the inheritance right shall be issued. Decreased term of inheritance acceptance occurs only in case the reliable data is provided confirming that there are no any other persons pretending to inheritance besides the applying inheritors. Term of coming into inheritance depends quite often on inheritors themselves. There are quite a few practical cases of coming into inheritance in three or five years after ancestor's death. It is due to either the ignorance of law or the lack of knowledge of ancestor's property, or deliberation of an inheritor. Two options are possible here: it is either a notary issues a certificate of inheritance rights or you should go to court.

 

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