Everyone faces the problem of inheritance in one way or another. Someone enters into inheritance rights after the deceased relatives, and someone plans to dispose of his own property after his death. Unlike the West, it is not customary in Russia to write wills. Perhaps some are simply afraid to think about the impending death, while others simply do not have much fortune. As a result, most heirs receive property by law, and not by will.
What is understood by the term “inheritance by law”? In fact, this inheritance is in the manner established by Russian law, despite the fact that the testator did not express a desire to dispose of his property in any other way.
In what cases does inheritance apply by law?
- The testator left no will.
- The will that he left is invalidated for any reason, or this will does not describe all the property, but some part of it.
- The heir died before he entered into the will, or refused it.
All potential heirs can be divided into 7 categories: heirs of the first stage, second, third and so on. The heirs of the next stage receive property only if there are no heirs of the previous stage or they refused the inheritance, did not accept it or were deprived.
What is the difference between inheritance by law and testament?
The main difference is that the testator himself has the right to dispose of his property and leave it not only to individuals belonging to a close circle of relatives, but also to legal entities, the Russian Federation and constituent entities of the Russian Federation, foreign states, municipalities and individuals not included in the circle of heirs , the first, second and any other category - in fact to strangers.
In this case, the testator has the right to determine in what shares and to what extent the heir will receive his property, while the inheritance procedure under the law stipulates that heirs of the same category receive property in equal shares.
The term “inheritance by law” is inextricably linked with the concept of heirs of the first category. These include the closest relatives - children, the current spouse, parents and grandchildren by right of representation. What does this right mean? For example, if the testator had two officially recognized children during his life and one of them died, leaving his children (grandchildren of the testator) in turn, then these grandchildren have the right to inherit in the same way as the remaining child of the testator. Grandchildren with living parents are not heirs.
If at the time of the death of the testator his parents are still alive - they are also entitled to a share in the inheritance. Moreover, the mother relies on the share unconditionally, and the father only if he was officially recognized by him or was officially married to his mother.
Children adopted by the testator have inheritance rights in the same way as relatives. The children of the testator, who was adopted by a third party, are not heirs, except in cases established by a court decision.
If all the heirs of the first category are absent, or refused to accept the inheritance, and no specific person was indicated in whose favor they refuse, or do not have the right to inherit, the heirs of the second stage receive the right to receive property after the deceased.
By the way, inheritance under the law assumes that, together with property, the heirs receive the debts of the deceased. And if they accept the inheritance, they are obliged to accept its debts.
The official deadline for accepting the inheritance is six months. Upon its expiration, the heirs are given a certificate in a notary's office. The term may be reduced if there are no other heirs besides the applicants.