How to obtain a certificate of inheritance, if you are not in the will

The Certificate of inheritance – the document, without which one cannot inherit property from a deceased person.

Inheritance is considered to be movable and immovable property, which belonged to the testator, and also property rights and obligations of the deceased. As for responsibilities, it is often inherited and debts. Payments on debt, the heirs are equally divided.

To an inheritance by will and by law. the Certificate of inheritance by law can be issued when there is no will or it is challenged in court by one of the heirs. The most common reasons for contesting wills – the incapacity of the testator and the drafting of a will under duress.

Trying to make a legacy for themselves, many people are trying to prove the inadequacy of the (disability) of the elderly person. At first glance, it is rather difficult. After all, in the preparation of wills is usually present notary, which may not seal the document his seal upon the slightest suspicion about that person before his death, was under the influence of drugs that could alter his mental state or to neutralize will. Knowing this, a certificate of inheritance, many are trying to get through the court. The court may admit the testator inadequate, if you get from medical institutions, the relevant certificates and documents. Sometimes a diagnosis, the testimony of the attending physician and the availability of appropriate prescriptions for the elderly person. Some heirs complement their claims by the testimony of neighbors who attest to the inadequate actions of the testator, shortly before his death.

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To Prove that an elderly man wrote the will under duress, if the documented facts of psychological and physical effects. Sometimes quite a few police reports. Usually in such documents appear the testimony of neighbors that the police were called on the facts of the scandals involving the testator and the heir specified in the will.

Some citizens, knowing that a will drawn up, and their names in this document do not appear, trying under any pretext to register and to settle in the apartment of the testator of their minor children. Then the certificate of inheritance can be obtained not by will, but by the law. Protecting the rights of minors, the court will be obliged to provide them with at least half of the compulsory share of housing.

The Court may recognize citizens mentioned in his will, unworthy of the inheritance, if it is proved that they deliberately evaded the content and the testator had not provided him with proper care during his life.

If you are not listed in the will, but are the closest relative of the deceased (heir apparent), in order to issue a certificate of inheritance should apply to a public notary at the place of residence of the deceased. In the presence of the death certificate, the notary will consider your receipt of the inheritance according to the law, then make a statement. From that moment and for six months you will need to pay the legal costs and to collect all the necessary information and documents for filing a claim in court. About how to write such a statement, you tell the notary or the lawyer.