The problem of inheritance anyway faced by each.Someone itself enters into the rights of inheritance after the deceased relatives, and someone is planning to dispose of their own property after his death.In contrast to the West in Russia it is not accepted to write a will.Perhaps some are simply afraid to think about the upcoming death, while others simply do not have a large fortune.As a consequence, the majority of the heirs receive the property according to the law and not by will.
What is meant by the term "hereditary succession"?In fact, it is the inheritance of the procedure established by Russian legislation, despite the fact that the testator has expressed wishes to dispose of his property otherwise.
In some cases, a hereditary succession?
- testator did not leave a will.
- testament that he left, found to be invalid for any reason, or is the will does not describe all the property, and some part of it.
- heir died before they came into the will, or refuse it.
All potential heirs are divided into 7 categories: the heirs of the first stage, the second, third and so on.The heirs subsequent turn receive assets only if there are no heirs of the previous turn, or they refused the inheritance, did not accept it either were denied.
What distinguishes inheritance by law and under the will?
The main difference is that the testator himself the right to dispose of their property and leave it not only physical persons within the close circle of relatives and legal entities of the Russian Federation and the subjects of the Russian Federation, foreign states, municipalities and individuals who are not membersthe circle of heirs, the first, second, and any other category - actually strangers.
In this case the testator has the right to determine in what proportions and in what amount the heir receive his property, while the inheritance of the law provides that the heirs of the same category receive the property in equal shares.
the term "hereditary succession" inextricably linked the concept of the heirs of the first category.These include the most immediate family - children, the current spouse, parents and grandchildren by right of representation.What is this right?For example, if the testator had in the lives of two children officially recognized and one of them died, leaving in turn their children (grandchildren of the testator), these grandchildren are entitled to inherit in the same way as the rest of the child of the testator.Grandchildren heirs with living parents are not.
If at the time of the testator's death, his parents are still alive - they also relied share in the inheritance.Moreover, the proportion of mothers rely unconditionally, and his father - only if it has been officially recognized by them or was with her mother status.
Children being adopted testator, have the right to inherit the same way as native.Native children of the testator, who adopted a third person, the heirs are not, except in cases established by a court decision.
If all the heirs of the first category are absent or refuse to accept the inheritance, and not indicated any particular person in whose favor they refuse or do not have the right to inherit, the right to receive property after the deceased receive the heirs of the second stage.
way, the inheritance of the law suggests that with the property of the deceased heirs receive debt.And if they take the inheritance, they must take off his debts.
official deadline for acceptance of the inheritance - for six months.According to the expiration of the heirs of the certificate issued in the notary's office.The term may be reduced if the other heirs, except for applied persons, no.
