Inheritance by right of representation is a special procedure by which the heir is called up to receive the inheritance he has received. In this matter, the law of the Russian Federation is quite strict, therefore even the smallest subtleties and difficulties that may arise in the process of paperwork and the entry of a citizen into new rights are spelled out in it. The legislation also contains clear information regarding who has the opportunity to formalize inheritance by right of representation. Let's try to understand the main nuances.
general information
It is worth noting that this term has not been applied in practice before, but only in the theory regarding the rules for inheritance. In some situations, the right of representation was only spoken of in cases of litigation.
By and large, today this term is mainly conditional in nature, since it is more consistent and perceived by the generally accepted concept of a procedural act, according to which a person entering into an inheritance died before it came into his possession.
Group of heirs
If we talk about the entities entitled to property owned by the deceased, then they include relatives of the 1st, 2nd and 3rd stages. Accordingly, the right to represent heirs include wives, children, grandchildren, parents, nephews, brothers and sisters, as well as more distant relatives.
It is worth noting that previously the circle of persons who had the right to receive the property of the deceased in return for the previous heir (who also died) was much smaller. According to the legislation that was in force in the Soviet Union, only grandchildren and their children had such powers, on which everything ended. Today, this category of relatives is also provided. However, in addition to grandchildren and great-grandchildren, nephews as well as cousins can claim property.
Therefore, it is not surprising that inheritance by right of representation becomes the subject of numerous disputes. This is often due to the fact that the relatives of the deceased do not always agree with the part that is due to them. In addition, many questions arise about who has more rights in this situation. Therefore, it is worth considering several important nuances.
Inheritance right
If we talk about this concept, then you should immediately take into account that we are not talking about a will (the first or second relative who has died), but about the law of the Russian Federation. According to him, the closest relatives of the person who did not manage to enter into the inheritance are the first in line. By the way, in this case we are not always talking about his death. In some situations, a partial or complete loss of legal capacity also allows his relatives to claim property and other valuables.
Thus, confusion begins in the concept of human rights. After all, the relatives of the first deceased will also want to receive part of the inheritance. Thus, long and exhausting litigation begins.
In which case is this category inherited?
You need to understand that such situations are not so common and, in fact, are exceptional cases. If such a combination of circumstances did occur, then a number of certain conditions arise.
For example, the deceased (and never entered into the inheritance) should be in the first line of heirs. Moreover, his death must occur simultaneously or until the death of the first person who made the will and departed to another world.
Sometimes it happens that the heir dies a little later than the testator, but has already managed to sign the documents and get the property due to him. In this case, everything inherited goes to his immediate family. If they are absent, then the second and third stages are considered.
Who has the right to inherit
It must be borne in mind that the law invariably strictly takes into account the priority. This means that not always those who have the right of such inheritance can receive property. In this case, the immediate relatives of the testator are considered first. This regulation is prescribed by law. However, even in it there are points due to which confusion begins.
To avoid this, additional rules were developed according to which the relatives of the heir and the immediate family of the testator can agree and draw up their agreement in writing. For example, they can change the share of property in favor of a person.
It is also worth paying attention to the fact that relatives who belong to the same queue have equal rights to inherit property. If we are talking about those who receive the inheritance by right of representation, then such rules do not apply to them.
This was done in order not to violate the schemes of fair distribution of property and to minimize possible schemes of fraudsters. That is why the primary heirs are in absolutely equal positions.
It is noteworthy that the interests of none of those who claim the inheritance can not be infringed. In addition, regardless of the decision of the court, it can always be appealed if new details appear in the case confirming the rights of one of the heirs. For example, if the power of attorney for the right of representation was drawn up incorrectly or its validity expired before the testator passed away.
Special cases
Each, even the most serious, rule of law has its own exceptions. In this case, it is worth paying attention to the sudden death of the heir, who is about to enter into new rights. In this case, his share is equally divided between his direct heirs. Based on this, the volume of property received is significantly reduced for each of the participants.
The second exception is that the share of the inheritance will depend on special circumstances, which in some situations cannot even be disclosed during the trial.
Inheritance rules
Consideration of applicants for the inheritance occurs if the deceased heir did not want to or simply did not have time to draw up and certify the will. Also, if he executed a power of attorney for the right to sign and represent his interests, then this document may be invalidated. In this case, judicial proceedings are envisaged.
As a rule, if the death of the heir overtakes him unexpectedly, then first of all, the descendants of the one who left the inheritance will claim the property.
In the absence of direct heirs
In a similar situation, descendants will be considered in the so-called indirect line. These include parents, children, spouses, grandmothers, grandfathers, uncles, cousins and more distant relatives.
In this case, most often it turns out that one person cannot receive the entire inheritance, since it is divided among all in equal proportions depending on the degree of kinship with respect to the deceased, who did not manage to enter into his rights.
What documents must be submitted
The main thing here is not to delay. Already during the proceedings or at a reception with a specialist of a notary's office, show all genuine documents proving the existing family relationship with the deceased heir. If before the start of the process the issue was settled peacefully, then in this case it is necessary to draw up and certify the corresponding document, which will contain the shares of the property and the data of those to whom they are due.
Among other things, a death certificate will be required. Based on regulations, the minimum list of documents includes papers confirming the status of the deceased and kinship. The latter include a birth certificate, registration in the apartment of the deceased and other documents that can be considered by a specialist as evidence.
In addition, the notary must demonstrate a document listing all the heirs.
Often during the process of entering into the inheritance, cases are transferred to the authorized representative. A specialist in this field will understand the situation much better, so do not discount this option.
Power of attorney to represent interests and the right to sign documents
If such a document is drawn up, then in this case not only a lawyer, but also any competent citizen of the Russian Federation over 18 years of age who is a close relative or a good friend of the heir can act as a proxy. Thanks to this document, this person gets the right to perform all necessary procedures on this issue. Moreover, he will act within the framework of the law and on behalf of the heir.
At the same time, the power of attorney for the right to sign and represent interests gives the owner of the document the authority to:
- filing applications regarding inheritance;
- payment of fees, state fees and other types of payments;
- obtaining a ready certificate of inheritance of property;
- signing documents related to this case;
- registration of property rights and much more.
However, it is worth considering that the right to represent interests can be formalized only in the case of a preliminary drawn up and certified act of such powers.
In addition, it is worth considering the types of powers of attorney. If the document is not drawn up correctly, it will not have legal force.
Today there are the following categories of powers of attorney for the right to represent interests:
- One-time. From the name it becomes obvious that this type of document is valid only once. For example, if the trustee should only submit an application or sign. In the case of inheritance, this type of document is not recommended.
- Special. Such powers of attorney involve the execution of the same type of procedures for a certain period of time. For example, if an attorney must attend a meeting, etc.
- General. These powers of attorney include the widest range of actions. This document enables the proxy to perform a variety of procedures during the agreed period. That is, a person with such paper will be able to sign all the necessary documents and pay for services.
The latter category is most popular today. It is her that is recommended to draw up, if it comes to inheritance of property. However, in this case, you need to be one hundred percent confident in the trustee or to register each item in his duties.
Finally
Entry into the inheritance is already very often fraught with numerous problems. If another person dies in the process of entering into their legal rights, the situation may take the most unexpected turn. In order not to waste money on legal proceedings and not to enter into conflicts once again with the relatives of the deceased, it is much more profitable to negotiate amicably and not to delay this process.