The law of inheritance: Highlights

Inheritance in the Russian Federation within the scope of civil law, namely, subject to the provisions of several articles of the Civil Code.

law of inheritance is interpreted depending on the type of inheritance.If earlier priority given to inheritance by law, but now they have changed in the direction of wills.

Types of inheritance law

the Civil Code provides several types of inheritance law:

  • bequest;
  • by law;
  • inheritance concerning certain types of property.

There are articles on inheritance, setting out the general provisions are dealt with separately on the acquisition of inheritance.

Although the fore today serves inheritance, suggesting the presence of a will, the popularity of inheritance under the law of this has not diminished for the simple reason that many people have a desire to leave the marital property (inheritance) only the native people, sharing his own in equal shares.This eliminates the need to spend money and time for preparation and probate and pass embarrassments between relatives.

law of inheritance of the Russian Federation: the right of inheritance by law

This niche legislation regulates 63 of the Civil Code, which sets out the rules of succession in the order of priority established by law.Norms of this article are used in cases of:

  • if not left a will, that is, if it is not made up at all, or it was canceled during the lifetime of the testator;
  • unless the will refers only to some parts of the property, the other part in such cases is inherited in the manner prescribed by law;
  • if the will is invalid;
  • heir if it uses this right to implement their share of the inheritance;
  • if one of the heirs mentioned in the will, did not use this right within the statutory period, or in the case of death of the heirs, or if all the heirs of the property specified in the will;
  • if the will exists, and it denied the inheritance all the relatives, close people.

law of inheritance: inheritance

The order of priority is the availability of the right of inheritance, that is, all the heirs legally divided into groups and queues not immediately called upon to inherit.The order is realized in such a way that the heirs of each subsequent turn are encouraged to inherit only in the absence of (non-legacy) members of the previous group (queue).

law of inheritance allocates only 8 queues:

I turn: children, both husband and wife, parents of the deceased.

II line: brothers and sisters and grandparents.

III line: uncles, aunts.

IV line: great-grandparents decedent.

V line: it granddaughters and grandsons (cousins) and grandparents (cousins).

VI stage: this includes cousins ​​- granddaughter (grandchildren), niece (nephews), aunts and uncles.

VII line: stepdaughter, stepchildren, stepmother, stepfather.

VIII turns: disabled dependents (eg, partner with which the testator was a civil marriage).

Inside one queue relatives inherit property equally.

law on inheritance, its individual types of building Hotel

chapter examines cases of inheritance of certain assets, which include:

  • right to participate in the production cooperative, joint stock companies, other organizations;
  • right to participate in a consumer co-op;
  • right to inherit the enterprise;
  • property KFH;
  • limited tradable items (psychotropic substances, weapons, toxic agents and others.);
  • land;
  • testator unpaid amount;
  • property provided on concessional terms by the state, municipalities;
  • memorabilia, plaques, medals and orders, and others.

Law on Inheritance describes in detail on what rights and the order in which the entry is made in the inheritance.It should be noted that the debt and credit commitments are also inherited in the manner legally established order.