Law of succession: art to bequeath
“Distant relative“ - quite so in the people define very remote degree of belonging to family clan. And seven turns of successors under the law according to degree of relationship are established by part III of the Civil code of the Russian Federation, in detail describing difficult family bonds. So, what turns are?
the State stands in line
the Godsends which especially have a considerable material value all love. However, some of them, namely, - receiving inheritance, sometimes not too please. As go in a set with grief on relatives and sad thoughts of caducity of life. Now, thanks to rather new third part of the Civil code, the circle of potential successors significantly extended. It is difficult to overestimate humanity of such approach. If earlier inheritance under the law only by the immediate family, and in the absence of those and the will in favor of someone was provided, the state became the successor, then even cousin great-grandsons and stepsons are not forgotten now! The law took care of fixing of related communications not only down, but also across. The state modestly stands in the eighth queue - for all relatives.we will not forget
- the priority nevertheless is given to inheritance according to the will. Article 1111 of the Civil Code of the Russian Federation says:“ Inheritance under the law takes place when and as it is not cancelled by the will, and also in other cases established by the present code“. Let`s try to understand together artful designs of related turns when sharing property which owner left this world, without having attended to drawing up the will, and also in notorious “other cases“.
in the order of numbers - pay off!
For a start needs to cool the hotheads which decided what after death of the cousin uncle to them “will surely break off“. Such miracle will occur, only if the dead does not have closer relatives. “Successors of each subsequent turn inherit if there are no successors of the previous turns... or none of them accepted inheritance, or all of them refused...“ it is written down in item 1 of Art. 1141 of the Civil Code of the Russian Federation. It is expedient to appear in office of the notary authorized to run hereditary business on the place of the last registration (registration) of the testator only as the strict sequence determined by degree of family proximity.
the others the statement for readiness to enter rights of succession will be accepted Before at children, the spouse and the testator`s parents - they treat the first stage. With them for the company grandsons will go to the notary also in case their parents are children sunk into oblivion - did not live up to the moment of discovery of inheritance. They will receive the share which was due to the late parents “by the right of representation“ (Art. 1142, 1146 of the Civil Code of the Russian Federation) provided that those were not disinherited by the testator.
Other grandsons and granddaughters, grandmothers and grandfathers, brothers and sisters (including not full, that is having one general parent) will raise the claim in the second turn - in the absence of the first. Nephews will join them only by the right of representation.by
these degrees of relationship put Earlier a fat end and was considered that after them is closer, than the native state, the dead has nobody. Not bequeathed property in the absence of the relatives stated above became “vacant“, that is carried over the great and mighty country, promoting further raising of its material well-being. Now Russia to this happiness “to twirl by a wheel“ - uncles and aunts (and if they are dead - cousins and cousins) become successors of the third turn. The fourth turn - gerontological, great-grandfathers and great-grandmothers treat it.
the Fifth turn - “relatives of the fourth degree of relationship“ - children of native nieces and the testator`s nephews (cousin grandsons and granddaughters) both brothers and sisters of his grandfathers and grandmothers. Your head did not go around? And it is not a limit. Interests of children of cousin grandsons and granddaughters (cousin great-grandsons), children of cousins and sisters (cousin nephews), and also children of cousin grandmothers and grandfathers - the truth, in the sixth turn are not forgotten by the law. And at last, “the seventh water“ is a poor Cinderella (and at the same time her nasty stepmother). Stepdaughters, stepsons, the stepmother and the stepfather inherit if there are no successors of the previous six turns.
If as a part of “the called turn“ of successors under the law someone else stays in the embryonic period, the others are obliged to wait for its birth and only after that “to divide pie“.“ In the presence of the successor conceived, but not been born yet the section of inheritance can be carried out only after the birth of such successor“, it is told in Art. 1166 of the Civil Code of the Russian Federation. A fine plot for the melodrama with surprises in the spirit of the Mexican series:should be Shared
the Law protects interests of a certain circle of people irrespective of will of the testator expressed in the will, guaranteeing them the right for an obligatory share in inheritance. If the will was made after March 1, 2002, “minor and disabled children of the testator, its disabled the spouse and parents, and also disabled dependents... inherit irrespective of contents of the will not less than a half of a share which would be due to each of them at inheritance under the law“ (Art. 1149 of the Civil Code of the Russian Federation).
K disabled any spouse or the parent who reached a retirement age (55 years - for women, 60 - for men) or not having an opportunity to work on disability belongs. At first sight it is very humane practice. The elderly parents who lost the only son and his minor children from the previous marriage all the same will get some material support. Even if the will only in favor of the present spouse is made. But humanity not always means justice. In the same way lawfully the daddy - the alcoholic inherits the share in the rights for the apartment of the died daughter (even in the presence of the will in favor of her children) its aged (in life not paying the alimony, but not deprived of the parental rights). The quirky widow who stayed the lawful spouse practically nothing, but registered according to documents as the disabled dependent will shamelessly get as the joint owner on a cooperative living space (where the father was registered as the member of ZhSK, and his children lived and paid a share). Alas, there are persons interested “to bite off“ at all piece which is not put by it from the ethical point of view - on quite legal ground. In everything there are costs. But in the absence of the will their share becomes twice more! Therefore, having such “obligatory“ naslednichok, everything is better - to reach the notary and to issue the will - just in case - in favor of those whose interests especially concern us.
We in the answer for those who were tamed
Obligatory successors under the law can become also the faces which are not tied by vital bonds with the dead and not specified in the will. If they, according to St. 1148 groups of companies, at the time of “discovery of inheritance were disabled and not less than a year to death of the testator were in his dependence and lived together with it“.
Having sheltered foreign teenager (after the shrill letter of very old friends - help out supposedly at a plemyash in the village the school was closed, and the child capable, wants to enter the institute) or mother`s girlfriend (that that did not miss, whiling away time with the partner), the benefactor also does not suspect that the list of applicants for its property extended. Under the law these persons are our successors on an equal basis with close relatives. However, it is necessary to prove the rights to them through court. But externally helpless people (and the interested representatives are more often than them) can be “reinforced concrete“ in fight for the rights. Having illustrated a maxim doubtful at first sight “Any good deed does not remain unpunished“. > It is very important to p to hold with
emotions and to carefully weigh all pros and cons in the situations connected with adoption or deprivation of the parental rights. Because according to Art. 1147 of the Civil Code of the Russian Federation “at inheritance under the law adopted and its posterity... are equated to relatives by origin (to blood relatives)“ and “do not inherit under the law after death of parents adopted and other his relatives by origin“.
For example: mother divorced the child`s father - the addict. Considers that it is better to deprive biological daddy of the parental rights (the alimony all the same does not pay). Again marries. The new spouse - the provincial, is not present the housing, came to the spouse to a communal flat. But it is ready to adopt the child, confirming gravity of the intentions and feelings. And the paternal grandmother has a certain apartment. And the child - her only grandson and the successor (in case the grandmother endures dissolute daddy). Meanwhile deprivation of the father of the parental rights will deprive also of the grandson of an opportunity to come into a fortune from the grandmother.
the Widespread situation with appearance of unexpected successors arises when the apartment was privatized in the general joint property: without allocation of shares of each participant of privatization. Such approach widely practiced in the first half of 1990 - x. And agencies of privatization did not warn anybody about possible consequences. Therefore in some cases there was a following. Privatized housing on a family: grandmother, daughter with the husband, granddaughter. The grandmother of the will did not make: time all the general - so far on four, so seemed, if something happens and will remain to the general - but already for three.
A after death of the old woman her sonny appears. Many years he did not remember mother, yet the sister did not become her same lawful successor, as well as. From the apartment quite concrete grandmother`s share which shares between her children equally (if at the lascivious brother conscience does not wake up is allocated, and he will not refuse inheritance).
Happens that citizens - is free or involuntarily - hide existence of other successors having the rights, equal with them, from the notary. For example, the man claims that he is the only son of the dead. However it becomes clear that it is a half-truth. The truth is that he is the only living child of the mother: his sister died earlier, having left two children. And by the right of representation they have to inherit its lawful half. When the true situation opens, the certificate on the right for inheritance can be easily challenged in court.