Inheritance bequest: recommendations manual

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2018-03-17 18:05:21

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Inheritance Rights are the cause of many legal disputes and family conflicts. The thing is that section of a person's assets after his death bothers almost every member of the family. Especially if we are talking about close relatives. Everyone wants to get their "piece" of the testator, but more. In particular, if the potential recipients have a moral right to such a desire. For example, they, unlike the other heirs and took care of the elderly owner of the property. Today we are interested in the inheritance under the will. We have to find out what it is, how to make a testamentary document, and what are the ways of obtaining ownership in the long run. Also, consider all the nuances and peculiarities of hereditary Affairs in Russia.

Certificate of inheritance

About the right of citizens

What will be dealt next? We are talking about inheritance rights. By law, they arise in individuals after the death, their property will be divided in the future. Prior to this, the citizens are the only potential candidates for the property.

Inheritance bequest is the simplest scenario. He rarely gives trouble to the population. But what you should remember about the procedure? How to make a testamentary paper? And who has the right to act as receiver of property?

Ways of obtaining ownership

To Enter into the inheritance after the death bequest of the testator is not difficult. We'll talk about that later. First, consider all legal aspects of the topic.

For Example, many people are interested in ways to transfer property by inheritance. There are types of inheritance:

  • The law;
  • Will.

Depending on the selected scenario will be different categories of recipients of the property.

Intestate succession

First, consider the heirs at law. This scenario occurs in many families. Of the testator it does not require any documents. After his death, shall have the rights of inheritance of the deceased. But only individuals.

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Who are you talking About? About relatives. They are the heirs at law. Third parties to calculate the share of the property may not under any circumstances.

How to accept the inheritance

In Russia there is priority inheritance. First, property is distributed among the members of the first stage. If there are none or all potential heirs refused the inheritance, you can move on to the second stage. And so as long as the deceased will not end the heirs.

In practice, property is distributed among the members of the first level of heirs. Rarely it comes to a second "stage".

To avoid confusion in the order of succession, the citizen is encouraged to use the following list:

  1. Children, parents, spouse.
  2. Brothers, sisters, grandparents.
  3. Uncle and aunt.
  4. Great grandparents.
  5. The Children of nephews and nieces, cousins, and grandparents.
  6. The Children of cousins grandchildren, children, cousins, brothers, cousins, grandfathers and grandmothers.
  7. Stepchild, stepdaughter, stepfather and stepmother.
  8. Disabled persons, not related to the testator, but who were dependent on him for at least a year.

But the legacy under the will is an entirely different scenario. And if it is right to hold, it will not cause any problems to the family members.

Applicants to the property by will

First, let's talk about who can act as receiver of property of the testator. This is a critical issue facing many families.

To Bequeath the property of a citizen can:

  • Family;
  • Friends;
  • Third parties;
  • Organizations.

That is, any citizen can become the heir. The main thing that it was written in a testamentary paper. Without it to receive a share of ownership will not work.

Working with a notary public

What passed after the death

It Should be remembered that inheritance is not only good. So before you agree to accept the property, will have to check list that you can send to people after death.

In the corresponding list includes:

  • All the things the dead;
  • Money and securities;
  • All rights of property type;
  • Intellectual property;
  • Accrued but not received amount;
  • Obligations;
  • Law that was issued during the lifetime of the testator, but by the time of his death the process was never completed.

Thus, inheritance by will or under the law can lead to that the citizens will pass the debts of the deceased. This fact pushes some potential heirs. Therefore, everyone has the right to renounce property.

Accept or reject?

The Law of inheritance by will or the law allows people to accept the property and abandon it. Indeed, as already mentioned, together with the benefits people receive and the obligation. For some they are unaffordable, and someone just does not want to pay the debts of the deceased. It is quite normal.

Accordingly, all the heirs have time to think about getting the ownership of the testator. Within 6 months, the citizen is obliged to issue or acceptance of property or failure.

If you omit the period of entry into an inheritance, have to accept the fact that even in the presence of the will on the individual citizen his right to property is lost. To restore such possible, but in exceptional cases.

Refresh period

Inheritance by will and receipt of property by law after the death of the testator can be carried out even after six months have passed since the death of the former owner of things. The restoration of rights of inheritance is exclusively through the courts. Moreover, the claim is satisfied only if the citizen can prove that I missed the allotted time for the decision for good reasons.

These include:

  • Lack of information about the appearance of inheritance rights;
  • Living abroad on a permanent basis;
  • Disease;
  • Stay in the face of a disaster;
  • Skipping period on life circumstances, does not depend on the plaintiff.

Moreover, all this will have to prove it. If the claim is satisfied, all the heirs will collect, then the property will be shared with the new claimant to the property. Otherwise, the person may simply forget that he could get something from the deceased.

Testamentary document

Peaceful solution at the introduction into inheritance

Sometimes, the heirs are able to agree on the repartition of property. But this is an extremely rare scenario.

If, after the expiration of the succession was declared one of the recipients property, we can peacefully talk with those who are already registered on the property. Recipients can:

  • To go to court with a request to conduct pererezal;
  • Re-register the property at the notary;
  • Write a deed for partial ownership, the position announced to the recipient.

As we said, this option is extremely rare. He often refers to inheritance by law and not by testamentary paper.

The Algorithm for the registration of a will

Coming into an inheritance by will to the apartment, or any other object does not give any trouble if properly operate. First, you need to place a testamentary paper. How to do it?

To cope with the task, the testator while still alive need:

  1. To Collect a certain set of securities. It depends on what property will be transferred to heirs. We consider the components when you inherit an apartment.
  2. To Make a will. About how to do it, will be discussed below.
  3. To Sign a testamentary document in the presence of witnesses and a notary.
  4. Don't need anything else. The testator may many times you can renew a will. It is advisable not to do that surgery takes a lot of time and effort. To cancel a will is also permitted.

Once the paper is ready, it is sealed by the notary in a special envelope. The latter is signed by the witnesses, authorized person and the testator. Printed paper will be only after the death of the owner.

Documents for wills

I Want to have a legacy bequest? What documents will be useful to transfer so flat?

Order of succession

The Owner of the property needs the following documents:

  • Passport
  • Certificate of ownership rights to property;
  • Extract from the egrn;
  • Marriage certificate/divorce (if any);
  • The consent of the spouse to the process (in the case of joint...

Article in other languages:

AR: https://tostpost.com/ar/the-law/7156-inheritance-bequest-recommendations-manual.html

BE: https://tostpost.com/be/zakon/12802-atrymanne-spadchyny-pa-zavyashchann-rekamendacy-nstrukcyya.html

DE: https://tostpost.com/de/das-gesetz/12807-erbschaft-verm-chtnis-tipps-anleitung.html

ES: https://tostpost.com/es/la-ley/12815-recibir-la-herencia-por-testamento-el-asesoramiento-la-instrucci-n.html

HI: https://tostpost.com/hi/the-law/7162-inheritance-bequest-recommendations-manual.html

JA: https://tostpost.com/ja/the-law/7162-inheritance-bequest-recommendations-manual.html

KK: https://tostpost.com/kk/za/12805-alu-m-rany-siet-boyynsha-synystar-n-s-auly.html

PL: https://tostpost.com/pl/prawo/12802-nabycie-spadku-na-mocy-testamentu-porady-instrukcje.html

PT: https://tostpost.com/pt/a-lei/12796-para-receber-a-heran-a-por-vontade-recomenda-es-instru-es.html

TR: https://tostpost.com/tr/hukuk/12808-miras-miras-neriler-talimatlar.html

UK: https://tostpost.com/uk/zakon/12805-otrimannya-spadschini-za-zapov-tom-rekomendac-nstrukc-ya.html

ZH: https://tostpost.com/zh/the-law/7781-inheritance-bequest-recommendations-manual.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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