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Legal briefing notes

Legal advice on Inheritance

Registration of Inheritance in Voronezh

The relatives quite often become enemies because of the inheritance battles. To receive it you need to collect a lot of documents that confirm family relationship with the testator and also that are evidence of the existence of the possessions to be handed on. Accession to the heirship is possible either according to a will or in case of its absence in order of priority.

Testamentary succession

A will gives opportunity to avoid disputes among future heirs but it is not a magic wand to avoid legal proceedings. It can be challenged and invalidated and the heirs can be recognized as an unworthy. Any person can be an heir both natural (including foreign citizens) and legal (for example, a fund, a company, etc.). Few people know that an unchallenged will does not give a full guarantee that the property that you decide to bequeath future heirs will become their property as indivisible. For example, unemployable dependents (wives, husbands, minor children) that were dependent on the testator for at least one year before the death of the testator have the right to receive a share of the inheritance even if they are not indicated in the will.

Succession by law

In case there is no will the law establishes the following procedure of inheritance:

  • First and foremost is close relatives (parents, spouses, children). If by the time of the death of the testator the children have already died, then grandchildren are called upon;
  • the second line is brother, sister, nephews;
  • the third line is uncles and aunts, their children;
  • the fourth and following are other relatives who have family ties with the testator.
  • If there are not any heirs the inherited property becomes State property.

The terms of registration of inheritance

The term for receiving an inheritance (according to a general rule) is 6 months from the moment of the death of the testator or from the moment when the testator is recognized as such by a decision of the court. If this period is missed then it can be re-established by a decision of the court. For example, there are cases when the heir (distant relative) did not know that the relative had died, and the term for receiving the inheritance had passed. If the heir was registered and lived with the testator then he automatically receive the inheritance. To receive a certificate on inheritance both as for testamentary succession you must contact a notary.

If the relative is not close (parents, brothers, sisters), then before bringing a case to recognize the right on the inheritance, it is necessary to establish the existence of kinship with the testator and re-establish the term for receiving the inheritance.

The concealment of the inheritance

In our practice, there were several cases when the property was intentionally seized from the list of property and was concealed from the heirs. For example, the sales agreements, the rental agreements were concluded (in the periods when the testator did not realize the meaning of his actions), fictitious documents were drafted on the alienation of heritable property, etc. A separate area of our work in the area of disputes on inheritance is the protection of business assets. These disputes related to the administration of heritable property or missed terms for receiving the inheritance and disputes on the distribution of property by the heirs as well as the struggle against the claims of third parties.

Protection of the rights on inheritance

There are cases when people have to stand up for inheritance in court. These cases include challenging a will or succession by law or other circumstances. If you find yourself in such a situation it is impossible to cope without the assistance of a qualified lawyer in the area of inheritance. Furthermore, without legal assistance, it is sometimes really hard for the heir to understand his rights on the inheritance.

Accession to the heirship in Voronezh. The services of the Tsentralny Okrug Law Firm

The Tsentralny Okrug Law Firm provides services on the protection of business assets in disputes on inheritance and during re-establishing of the terns for receiving an inheritance and challenging a will or any other disputes on inheritance among heirs in Voronezh, Lipetsk, Kursk, Belgorod, Tambov, Moscow. The lawyers of the Tsentralny Okrug Law Firm are ready to advise on the inheritance issues and represent your interests in court for the protection of rights on the heritable property.

Author is Lyudmila Kriulina

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