Does a pensioner have the right to inherit if there is a will?

Inheritance by law

According to the Civil Code, there is a sequence of inheritance. In general, there are 7 queues. But to these 7 queues you can safely add 2 more queues - the 8th and 9th (see diagram).

Why 2 more queues are being added will be discussed below.

If at least one representative of the closest queue accepts the property, subsequent queues lose the right to it. In this case, all heirs of the same line divide the property equally.

Example No. 1. How will the apartment be distributed after the death of the husband between his two children, ex-wife, daughter from his first marriage and mother? Who has the right to get an apartment? There are only 5 applicants. All of the listed persons (except for the ex-wife) are included in the circle of first-line heirs, including the daughter from her first marriage. Therefore, the property is subject to division between two children, a daughter from her first marriage and her mother, in equal shares of 1/4 share each. The ex-wife is not a family member and cannot claim the deceased’s apartment.

This is interesting! A child conceived during the life of the testator is also an heir, and his share is taken into account when dividing property.

Example No. 2. During his lifetime, the testator conceived a child in an unregistered marriage. He has no other relatives. The estate consists of a private house. Who has the right to a house? After death, the only successor will be this child. The mother of this child, who is not officially married, cannot lay claim to the deceased’s house. However, she can act as a manager (custodian) of this house.

If the successors of the first stage cannot (refuse) to accept the inheritance, the heirs of the second stage claim it, and so on.

Consequences of missing a deadline

A will is a transaction. It is subject to all the rules for civil transactions, including freedom of contract. The heir has the right to accept the inheritance or refuse it. Therefore, in order to obtain rights to property, a citizen must express his opinion regarding the property of the deceased.

Within six months, the heir must perform one of the following actions:

• submit an application for inheritance to a notary;
• ensure the safety of the property of the deceased;
• pay bills or debts for the testator;
• collect debts that were intended for the deceased;
• carry out repairs to inherited property.

If none of the listed actions is carried out within 6 months, then the period for accepting the inheritance is considered expired (Article 1154 of the Civil Code of the Russian Federation). Legal successors are called upon to inherit.

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Heirs by right of representation

If the successor dies along with the testator, or before the opening of the inheritance, his share passes to his descendants (see diagram above) (Article 1146 of the Civil Code of the Russian Federation). In this case, the descendants are the representatives of the deceased heir.

Example No. 3. Who has grounds for receiving property left after the death of a woman if her immediate family includes a granddaughter, brother and cousin? If there are no first-rank successors (son, spouse, parents), then using the right of representation, the granddaughter has the primary right to inheritance. The brother inherits second in line. The cousin belongs to the 3rd stage.

Example No. 4. The testator is left with two children and two grandchildren (children of a previously deceased son). There are no other successors. The only contribution from the property is 900,000 rubles. Who is entitled to receive this money and in what shares? According to the right of representation, the share of the deceased heir passes to his descendants. Since the testator's son died earlier, his children (grandchildren of the testator) should receive the share due to his father (1/3 share). In this case, the money will be distributed as follows: 300,000 for two children and 150,000 for each granddaughter.

Legislation

Peculiarities of inheritance are regulated by the Civil Code of the Russian Federation. According to the law, receiving an inheritance is possible in two ways - by will and by law, and there are significant differences between them:

Important! Any will can be challenged in court if there are grounds, therefore, before drawing it up, you must make sure that there are no relatives who have the right to allocate the obligatory part of the property after the death of the testator. If the apartment is in shared ownership, you can only transfer your share by inheritance.

There are also separate legal provisions regarding inheritance by will:

Inheritance by disabled dependents

As mentioned above, there are 7 queues in total. However, the 8th is also distinguished. This includes disabled dependents who were supported by the testator for at least a year until the moment of his death. Such persons, according to Art. 1148 of the Civil Code, also have the right to inheritance, regardless of which line they actually belonged to.

Example No. 5. The testator was the official guardian of the disabled person. They were not related. After his death, he still had his own child. In this case, the property will be divided equally between the disabled person and the natural child.

Types of assignees

What types of heirs are there?

1. Mandatory heirs. They receive their due share even if they were not mentioned in the will or were mentioned as disinherited. This type includes:
   • children of the testator, if they are minors or disabled;

   disabled husband or wife, parents and dependents of the testator.

The size of the inheritance that these people will receive will be no less than 50% of the inherited property that is due to them by law. The situation is regulated by Art. 1149 of the Civil Code of the Russian Federation. The purpose of introducing this type of heir as mandatory is to protect socially disadvantaged citizens.

Mandatory heirs will have to pay the existing debts of the deceased, but within the limits of the share that was given to them.

2. Heirs by right of representation. This is the case when the legal heir also died, either at the same time as the testator, or after the opening of the inheritance. Then it will go to those who are the legal heirs of this deceased applicant, for example, his children.
3. Unworthy or illegitimate heirs. Those who have behaved so improperly that the law disinherits them. This means that they:

   
   committed some violent actions against the heir, threatened him, intrigued him, etc. and thus achieved inclusion of themselves or someone else in the list of heirs or an increase in the share;

4. behaved unlawfully towards other heirs, for example, slandered them, trying in this way to increase their or someone else’s share of the inheritance;
5. somehow prevented the implementation of the last will, so that they themselves or someone else could be included in the number of heirs or increase the share of the inheritance;
6. were deprived of parental rights and at the same time claim an inheritance from a deceased child;
7. should have supported the testator, but deliberately avoided doing so.

Video about existing types of heirs:

Hereditary transmission

It differs from the previous situation in that the heir was alive at the time of death, managed to declare his rights, but soon died without having time to accept the inheritance. In this case, the right of inheritance is transferred to the successors of the deceased heir (Article 1156 of the Civil Code of the Russian Federation). Everything is exactly as if the heir had time to accept the inheritance.

Example No. 6. The man lived with his second wife and stepson (a step-son for one of the spouses). After his death, the apartment was to go in equal shares to his daughter from his first marriage and his wife. However, the wife died before accepting the inheritance. Who has the right to inherit if there is no will? In this case, the apartment that was supposed to go to the mother goes to the stepson.

If a person is a disabled dependent, then his obligatory share does not pass to his heirs (see example No. 5).

What is inheritance?

Inheritance is understood as a list of movable and immovable property that will pass into the possession of the heir after the death of the testator. The will may stipulate the conditions for the further use of the property.

Inheritance is not only rights, but also responsibilities. Along with the inheritance, the debts of the testator are also transferred to the heir. But only if the heir opens an inheritance case with a notary and accepts the inheritance.

Every person, being in a sane state, has the right to write a will, in which he indicates the persons to inherit his property.

Cases when leaving a will is useless and dangerous

In the will, the heir can indicate any person (relative or stranger), distribute property, explain the reasons for such a decision, and also prescribe the conditions for its use.

Determination of the share of the inheritance of the spouse of the testator

The spouse has the primary right to inheritance. She also owns half of the property acquired during the marriage (Article 39 of the Family Code). How are these 2 norms combined in practice?

Example No. 7. If, after the death of the husband, a house acquired in a legal marriage remains, and the inheritance is divided by the wife and two children, then the spouse has the right to half of the house, and the remaining half is divided into 3 parts among all family members. Those. in fact, the wife will receive 1/2 share plus 1/6 share, for a total of 2/3 shares.

Two ways of inheriting the property of a deceased heir

According to Art. 1114 of the Civil Code of the Russian Federation, the opening of an inheritance occurs from the moment of the death of the testator or declaring him dead on the basis of clause 3 of Art. 45 Civil Code. Property is inherited by will, inheritance contract and by law. In total, the law establishes eight lines of inheritance (Article 1141 of the Civil Code).

First of all, the children, spouse or parents of the deceased claim the inheritance if they were not left with a will with a decision to transfer the property to other persons. The eighth line is formed by disabled dependents.

But how to establish succession in inheritance if the heir also died? The death of the latter could have occurred:

• even before the opening of the inheritance;
• simultaneously with the death of the testator (the concept of “simultaneous” also includes death, the exact moment of which cannot be determined);
• after the opening of the inheritance took place.

According to the law, the deceased at the same time do not inherit each other's property - it passes to the direct descendants of the heir by right of representation.

If the applicant died after the opening of the inheritance, the inheritance will take place according to the right of hereditary transmission.

So, inheritance by right of representation and hereditary transmission - what is the difference? What is the right of representation in an inheritance? How does the right to accept an inheritance transfer? Details below.

Inheritance by right of representation - what is it?

The Civil Code of the Russian Federation in Article 1146 establishes the legal successors of the deceased heir: the share of the legal heir in the event of his death before the opening of the inheritance or simultaneously with the death of the testator passes to the direct descendants of the heir, that is, to his children and is divided in equal parts between them.

Who can inherit by right of representation

The right of representation is valid only in the first three stages:

• spouses, children, parents;
• brothers and sisters (siblings and half-siblings), grandparents;
• uncles and aunts.

Therefore, the following can inherit by right of representation:

• grandchildren of the testator (as well as their descendants);
• nephews and nieces;
• cousins ​​(cousins).

That is, the circle of NPP persons is quite limited.

In subsequent queues, the transfer of the right to accept inheritance occurs in the absence of applicants in previous queues according to the degree of relationship* (from third to sixth) - this is the general law of inheritance.

Note*:

• The degree of direct blood relationship in neighboring generations and through generations (vertical relatives: parents - children; grandfather, grandmother - grandchildren; great-grandfather, great-grandmother - great-grandchildren, ... ancestors - descendants) is determined by the number of generations that passed before the testator was born.
• The degree of indirect consanguinity in one generation (horizontal kinship ties: full or half-siblings, twins, cousins, second cousins, fourth cousins, ...hereinafter referred to as the number of “tribes” brothers and sisters) is determined from a common ancestor.
• The degree of indirect consanguinity in neighboring “tribes” and through “tribes” is determined similarly to direct consanguinity: uncles, aunts - nephews (natives, cousins, second cousins); cousins ​​and second cousins, grandmothers - cousins ​​and second cousins, great-nephews).

Examples of inheritance by right of representation

First example

Single citizen N. has a married younger sister L. with two children, who is considered the second-line heir, and an aunt (third-line heir). According to the law, since N. has no direct heirs, the sister is a contender for the inheritance. But L.

dies of illness before his brother. After N.’s death, all his property, by right of representation, will pass to his nephews (sister’s children). But if L. had no children, then N.’s property.

would have passed to his own aunt, since the sister’s husband does not have the right of inheritance by representation (it is available only to descendants).

Second example

Citizen K. has no heirs of the first or second order (that is, there is no husband, no parents, no children, no siblings). The closest relatives are my uncle and aunt who have children. However, they die, and after K.’s death the right to represent the inheritance will pass to the cousins, who will divide it in equal shares.

Third example

Let's go through distant branches of the family tree to complicate the task:

• The closest heir of the 30-year-old citizen S. is the long-lived great-grandfather D. (heir of the fourth line, which includes relatives of the third degree of kinship).
• The great-grandfather has one surviving descendant, who is S.’s great-uncle.
• Of S.’s other relatives, there is only a great-niece (the granddaughter of S’s older half-sister, who is his paternal brother, that is, the daughter of his niece). The sister and daughter died tragically in a car accident. (Becoming a great-uncle at 30 is not a fantasy, but the consequences of unequal marriages of parents, when one is much older than the other, and he has an adult child from a previous marriage).

Question: How will the right to accept S.’s inheritance be transferred in the event of his death and the simultaneous death of D.’s great-grandfather?

Answer: Taking into account the fact that the representation of inheritance does not apply to the fourth stage, the right of inheritance passes to the next, that is, the fifth stage (great-nephews and great-uncles and grandmothers).

It turns out that the son of the great-grandfather and the granddaughter of the deceased sister will share S’s property.

among themselves, but it will go to both on the same basis - as to the participants in the subsequent (fifth) queue, since there are no applicants in the previous queues.

But after all, the son of his great-grandfather is his direct descendant, so how come there is no right of representation here? That's right, the children are direct descendants, but by right of representation (if there was one) the inheritance of S.

should have gone exclusively to his great-uncle (the only descendant of his great-grandfather).

But due to the fact that with the third degree of kinship this type of succession is impossible, the right of inheritance of the deceased’s property passed to the next line, in which, in addition to the great-uncle, there is also a great-niece.

When the descendants of an heir are denied the right of representation

Heirs by right of representation will not receive their share if:

• the will will deny them inheritance (according to Article 1118, paragraph 1 of the Civil Code);
• these persons will be recognized as unworthy heirs, in accordance with clause 1, art. 1117.

The point is quite contradictory and unclear:

Unworthy heirs (by law or will) are those who illegally tried to force a relative to change the will in their favor (or in favor of third parties), including them in the applicants or increasing the inherited share. These facts must be confirmed in court.

At the same time, despite the deprivation of the rights of unworthy heirs in court on the basis of confirmed facts (attention!), they “have the right to inherit property” (quote from an article of the civil code), if the deceased, after the loss of rights by scoundrels who tried to illegally squeeze out his property, will still indicate them in the will. Well, how can one not think here that legislators deliberately leave loopholes for criminals? It is interesting to look at who passed such laws.

Hereditary transmission

Transmission in inheritance law literally means the transfer of the right to accept an inheritance if the successor by law or specified in the will (transmitter) died after the death of the testator, without having time to assume his rights (Article 1156 of the Civil Code of the Russian Federation).

• The one who accepted the inheritance by way of hereditary transmission (transmissor) inherits only the property that the transmitter did not manage to accept from the testator.
• The rights to inherit the property of the deceased heir himself are transferred to his legal successors on the basis of standard rules of inheritance (in accordance with the law or on the basis of a will).
• The obligatory share of the inheritance is not transferred to the heirs. (The right to a compulsory share in the amount of at least half of the share due by law arises from disabled dependents, minor children of the testator and other persons listed in Article 1149 of the Civil Code of the Russian Federation).

Conditions for hereditary transmission

Hereditary transmission becomes possible if the following conditions are simultaneously met:

• the inheritance was opened;
• the term for accepting the assignment has not expired;
• the transmitter died before he could accept us (that is, he did not write an application for acceptance or refusal, or did not actually enter into the rights of ownership (use) of the property).

Hereditary transmission does not apply:

• If the adoption of us has taken place, but the transmitter has not formalized his rights as an heir (not the right to accept the inheritance, but the property itself will pass to the heirs of the transmitter, and the inheritance will take place on a general basis).
• The transmitter died before the opening of the inheritance, at the same time as the testator, or after the period for accepting the inheritance expired. (An exception may be if the testator appoints a sub-heir in the will in case the heir dies before accepting the inheritance after its opening).
• The transmitter managed to enter into inheritance in any of the ways specified in Art. 1153 of the Civil Code of the Russian Federation.
• The heir missed the deadline for accepting the inheritance and died without having time to go to court with an application to restore the deadline.

How long does it take to accept a transmission inheritance?

The period for accepting the inheritance of a transmission is the remainder of the 6-month period for accepting the inheritance of the testator from the moment of the death of the heir (Article 1154 of the Civil Code). It is always shorter than the deadline for accepting a regular inheritance, but is set at no less than three months (if less, then by court decision it is extended to 3 months).

• If, after this period, the transmitter misses the registration of his rights for a good reason, then according to Art. 1155 of the Civil Code, the court may consider the inheritance accepted by it.
• If an inheritance is renounced, the period for acceptance by other legal successors is 6 months from the date of renunciation.
• If the property of the deceased remains unaccepted after 6 months, then the right of inheritance transmission passes to other heirs by law. They must implement it within 3 months after the established Art. 1154 Civil Code term.

What to do if the deadline for accepting an inheritance is missed

The court may consider valid reasons why the successor missed the deadline for assuming his legal rights: for example, he may simply not have known about the opening of the inheritance.

Then the deadline for accepting inherited property will be restored. Previously issued certificates of inheritance and certificates of owner rights are canceled and replaced with new ones (with the corresponding entries in the Unified State Register of Real Estate).

The shares of the inheritance are recalculated taking into account the emergence of a new applicant.

• A person who has missed the deadline for accepting an inheritance can assume his rights without a trial if the other heirs express their consent and confirm it in writing, drawing up a document according to the rules established by Art. 1153 of the Civil Code.
• Acceptance of inheritance by hereditary transmission upon expiration of the terms is regulated by Articles 1104 - 1108 of the Civil Code of the Russian Federation.
• In the event of the death of a transmitter who did not have time to make any decision regarding the succession, his rights under the hereditary transmission do not pass to the heir of the transmitter.

Results: the main differences between the two methods of inheritance

Inheritance by right of representation and hereditary transmission determine the rules for the transfer of inheritance in the event of the death of the heir. Differences between these types:

Conditions for the emergence of the right:

• inheritance by right of representation (IRP) is possible if the death of the successor occurs before the opening of the company or simultaneously with it, that is, he initially cannot inherit the property of the deceased, since he himself died;
• Inheritance by right of hereditary transmission (HT) is possible if the heir dies after the opening of us and does not have time to assume his rights.

Inheritance rules:

• with NPP, property in the first three stages passes to the direct descendants of the heir (the subsequent stages of NPP do not apply), inheritance occurs only by law;
• hereditary transmission is possible in all stages; inheritance is carried out both by law and by will.

Deadlines for accepting an inheritance:

• with NPP - 6 months;
• with NT - at least 3 months.

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Source: https://moezhile.ru/nasledstvo/nasledstvennaa-transmissia.html

Receiving an inheritance out of turn

If there are heirs of the first priority, heirs of subsequent orders can receive an inheritance in the following cases.

Refusal of all heirs of the first priority to receive the inheritance

Example No. 8. After the death of the father, the remaining relatives were a son (first line) and a brother (second line). The son permanently lives abroad. He refuses to inherit the land with the house, since he will not be able to provide proper care and ensure safety. If the son refuses the inheritance, the plot of land with the house will go to the brother of the deceased.

If the court recognizes the heir of the first priority as an unworthy heir

An unworthy heir is a person who:

• interferes with the fulfillment of the last will of the deceased;
• stole the property of the deceased;
• destroyed the property of the deceased;
• forced a person to draw up a will in his favor, as well as to renounce a previously drawn up will;
• forces heirs to renounce the will;
• takes or has carried out illegal actions against the testator or heirs, their property (theft, attempted murder, causing harm to health);
• in case of illness of the testator, did not provide him with proper care;
• commits or attempts to commit other actions against the interests of the deceased or his heirs.

Example No. 9. Her own daughter ignored communication with her seriously ill father, did not provide him with help, and did not support him financially. After the death of his father, his son, who was caring for a sick man, went to court to recognize his daughter as an unworthy heir. As evidence, he presented witness statements, receipts for payment for medications, and an extract from the ambulance call log. The court found the daughter an unworthy heir. All the property of the deceased was inherited by his son.

Example No. 10. During a quarrel, a conflict occurred between father and son. As a result of the conflict, the father received a head injury and died a short time later. The son was sentenced to 4 years of suspended imprisonment. After the opening of the inheritance, the brother of the deceased went to court to recognize his son as an unworthy heir. The court satisfied these claims. Since there were no other persons in the first line of inheritance, all the property of the deceased passed to his brother.

A person has the right to a mandatory share (Article 1149 of the Civil Code of the Russian Federation)

Such persons include if at the time of opening of the inheritance they are:

• children of the testator who have not reached 18 years of age or older, studying in full-time educational institutions;
• disabled children of the deceased, regardless of age;
• a spouse who is disabled or an old-age pensioner;
• parents are disabled or old age pensioners.

These persons have the right to receive half the share of the property, regardless of the presence of a will or the number of heirs.

Example No. 11. A father who had three sons died. The first son is 26 years old, the second is 25 years old, the third is 16 years old. There is no will. Who has the right to receive property and in what shares? Since the third son is a minor, he is entitled to 1/2 share of the entire property, the remaining share will be divided among the other sons. Those. the first and second sons will each receive 1/4 shares of the property.

Does a pensioner have the right to inherit if there is a will?

» Inheritance by spouses September 3, 2020

If there is a will for specific persons, who else can claim the property?

By law, every legally capable person can make a will. This document allows you to leave property after your death to selected persons. Moreover, they may not even be related to the testator. A will is often the reason why legal heirs lose rights to property. When drawing up a document, the testator can be guided only by his own will, and not ask permission from potential applicants for the property.

Is it possible to claim an inheritance if there is a will? Only a limited group of people can obtain the right to property.

What will the spouses get?

Official spouses, in any case, will receive their marital share. It is 50%. The exclusion of the marital share from the estate of property occurs before the distribution of the inheritance is made. Read here. how to properly register an inheritance after the death of a husband.

Let's look at an example. Who can claim a house under a will? If the spouse is not included in the document, then they are deprived of the right to inherit the property. However, the right to the spousal share remains. First, 50 percent of the property is allocated, and only after that the shares of the house can be divided among the heirs according to the will.

The testator cannot bequeath the entire house, since part of it belongs to the spouses. If this is done, the will may be declared illegal.

Official spouses, in any case, will receive their marital share.

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If a will is made for specific persons, who can claim the property?

Who else can claim the inheritance if there is a will? If some persons are not indicated in the document, they, according to the law, are entitled to a mandatory share. That is, regardless of the provisions of the will, these people can receive part of the inheritance. The obligatory share is received by:

• Children of the testator who are declared incompetent or under 18 years of age
• Spouses or parents of the testator declared incompetent
• Dependents of the testator who are disabled. This group of persons receives part of the property under any order of inheritance.

Pension is a type of disability. However, the obligatory share of a pensioner in the inheritance under a will is allocated only to persons who have reached the appropriate age, and not to those who retired on preferential terms.

To receive an inheritance, in any of the above cases, you will need confirmation of your incapacity. To do this, the notary is presented with the relevant documents: pension certificate, certificate of disability of 1-3 groups.

Dependents claiming a compulsory inheritance share must document that they were truly in the care of the testator during the year before his death, and this was their main source of income.

Mandatory share size

All persons claiming a compulsory share may receive 50% of the portion that they would have legally obtained.

For example, the testator’s parents would have received, if there had been no will, 50% of the apartment. If there is a will, they can claim 25% of the estate.

However, this only applies to wills made after 1 March 2002. If the document is in an old format, then incapacitated persons can receive 2/3 of what they would have received under the law.

Additional nuances

To receive a mandatory share, a person must be one of the first-degree heirs (child, parent, spouse) or dependents, and also be incapacitated. These circumstances must persist at the time of the death of the testator, when the inheritance is opened.

An obligatory share is the right of an exclusively specific person. It cannot be transferred to other persons. If this person dies before entering into the inheritance, then this share cannot be transferred to his relatives. The obligatory share is issued without the consent of the remaining heirs. However, the person claiming it can write a refusal of the inheritance.

A minor, regardless of the circumstances, will receive a mandatory share. In this case, a person can be married and obtain the status of legally competent person through a judicial procedure. The right also remains in the situation where the minor child is adopted. However, they can only inherit from the person who adopted them and are disqualified from receiving property from their biological parents. Information on how an inheritance is processed after the death of parents is here.

An obligatory share is the right of an exclusively specific person.

Recognition of the heir as unworthy

A person who is entitled to an obligatory share may be found unworthy. In this case, it is deprived of either the entire inheritance or part of it. This point is stipulated in paragraph 4 of Article 1117 of the Civil Code of the Russian Federation. Persons who:

• Intentionally committed actions that infringed the rights of other heirs or the testator
• Obstructed the execution of the will of the deceased as stated in the will
• Tried to illegally increase their share
• They tried to encourage other people to receive property.

All these circumstances must be confirmed in court. Then there will be an increase in shares in the inheritance for the remaining heirs. A reduction in the mandatory share is possible in the following cases:

• Real estate for residential purposes is distributed
• The person did not use the property during the lifetime of the testator
• The heirs specified in the will used the distributed property during the life of the testator.

When considering the case, the current financial condition of the incapacitated person is taken into account.

The obligatory share will be formed at the expense of property that is not specified in the will. If it is not there, then the shares of the heirs under the document are reduced by the required amount.

Is it possible for other persons to receive an inheritance?

How to claim an inheritance if a person does not have rights to an obligatory share? According to the law, such a person cannot register property rights. The only way out is to challenge the will through the court. In this case, you will need to present grounds for challenging. For example, this may be the person’s incapacity to make a will.

Additional information about the allocation of a mandatory share in the inheritance in the presence of a will in this video:

Anyone can bequeath property at their own discretion. However, we must remember that the law protects incapacitated citizens, and they have the right to a mandatory share. The notary must tell you about all these nuances when certifying the document.

For additional information on this issue, please refer to the “Inheritance” section at this link.

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Does a retired sister have the right to inheritance?

A retired sister who is not an heir under a will has the right to inheritance if she belongs to the circle of persons entitled to an obligatory share in the inheritance (Article 1149 of the Civil Code of the Russian Federation).

Article 1149. Right to an obligatory share in the inheritance

1. Minor or disabled children of the testator, his disabled spouse and parents, as well as disabled dependents of the testator, who are subject to being called to inherit on the basis of paragraphs 1 and 2 of Article 1148 of this Code, inherit, regardless of the contents of the will, at least half of the share that would be due to each of them when inheriting by law (mandatory share).

2. The right to an obligatory share in an inheritance is satisfied from the remaining untested part of the inheritance property, even if this leads to a reduction in the rights of other heirs under the law to this part of the property, and if the untested part of the property is insufficient to exercise the right to an obligatory share, from that part of the property which is bequeathed.

3. The obligatory share includes everything that the heir entitled to such a share receives from the inheritance for any reason, including the cost of the testamentary disclaimer established in favor of such heir.

4. If the exercise of the right to an obligatory share in the inheritance entails the impossibility of transferring to the heir under the will property that the heir entitled to the obligatory share did not use during the life of the testator, but the heir under the will used for living (a residential building, an apartment, other residential premises, dacha, etc.) or used as the main source of livelihood (tools, creative workshop, etc.), the court may, taking into account the property status of the heirs entitled to the obligatory share, reduce the size of the obligatory share or refuse it award.

07/20/2015 15:59 rating: 9.5/10

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Thank you for the clarification. Once again, I am convinced that before you sign anything, you need to check it a thousand times.

Kursk 07/27/2017 22:41:09

Thank you Yuri Vasilievich for your quick and professional response. All the best to you.

Chelyabinsk 07/25/2017 13:19:09

Who has the right to inherit in the absence of a will?

In the Russian Federation, two orders of inheritance are possible: on the basis of a will, when the testator’s property passes to the persons listed in this document, and by law, when the question of who has the right to inherit if there is no will is decided according to the rules of Chapter. 63 Civil Code of the Russian Federation.

Features and order of inheritance by law

All persons who are given the right to inherit without a will proceed to inheritance in compliance with the sequence established by Art. Art. 1142 - 1145 Civil Code of the Russian Federation. They also include persons whose conception occurred during the life of the testator, and whose birth occurred after his death.

The following persons are deprived of the right to inheritance in the form of an apartment and any other property without a will:

• parents whom the court deprived of parental rights in relation to the child-testator
• persons whose actions the court in its decision recognized as aimed at non-compliance with the will of the testator or against him or his relatives
• persons in respect of whom the court has confirmed their intention to increase their due share in the inheritance mass or an attempt to contribute to their being called to inherit.

At the request of interested persons, heirs who did not support the testator, although such an obligation was assigned to them by law during his lifetime, may be excluded from inheritance by law in court.

Persons entitled to inheritance by law

An analysis of the norms of Chapter 63 of the Civil Code of the Russian Federation allows us to identify a list of persons who have the right to receive an inheritance in the absence of a will. It consists of:

• relatives of the testator by blood of varying degrees of kinship, including his nephews, grandmothers, grandchildren, grandfathers
• stepfather and/or stepmother of the testator, his stepdaughters, stepsons
• persons adopted by the testator and persons who adopted him
• dependents of the testator - citizens who, for at least a year before his death, were supported by him, living together with him.

All of them, in order to enter into their rights, are required to submit to a notary an application for recognition of the right to inherit without a will, a sample of which can be obtained from notary and legal offices.

Among those who have the right to inherit if there is no will, the legislator distinguishes a special category of persons. These include the testator's children under 18 years of age, his parents who have become disabled, children and spouse. All of them are entitled to half of the share that they would have received in the absence of a will, including if none of them was recorded as an heir when the will was executed.

The order of inheritance

Before entering into the rights of inheritance under a will, you must make sure that the queue established in the Civil Code of the Russian Federation is followed.

Thus, the first to be called upon to inherit are the mother and father, the spouse and all the testator’s natural children. If they are absent, refused to accept the inheritance or were deprived of it, the rights to the inheritance pass to the heirs of the next, second stage: sisters and brothers, including half-siblings, grandparents of the deceased. The list of heirs of the third priority includes the testator's aunts and uncles, and the subsequent order is determined by the number of births, excluding the birth of the testator.

Within one turn, the property of the deceased is distributed in equal shares. An exception to this rule applies to persons who inherit by way of representation, that is, citizens who received the right to inherit due to the death of an heir by law. The share that would be due to the deceased is distributed strictly equally between them.

How an inheritance is opened and acquired

Entry into inheritance rights without a will is carried out by sending a written application to a notary. It must state the intention to accept the inheritance and the requirement to obtain the appropriate certificate.

The place where the inheritance is opened is considered to be the last known place of residence of the testator. If it cannot be established, it is considered to be the area where the real estate or the most valuable part of the property constituting the estate is located.

So that everyone who has the right to an inheritance without a will can realize it, the legislator has a period of six months, within which a person is obliged to declare his intention to assume the rights of an heir.

However, even in the absence of such a statement, we can say that in fact the heir has already assumed his rights if he has committed one of the following actions:

• protected the testator's property from claims of third parties
• actually owns and manages the property that makes up the estate, including bearing the costs of its maintenance
• paid off the debt obligations of the testator at his own expense or accepted funds due to the deceased from his debtors.

You can claim rights to an inheritance without a will either personally or through a representative by issuing him a notarized power of attorney with the appropriate powers.

In Art. 1155 establishes a mechanism for accepting an inheritance by a person who has missed the deadline established for this. This issue can be resolved out of court, provided that the remaining heirs do not object to this person taking over his rights. Such consent must be expressed in writing. Otherwise, it is necessary to go to court. A positive decision is possible only if the following conditions are met:

• the heir objectively could not know and actually did not know about the opening of the inheritance
• He missed the 6-month period allotted for filing the application for reasons that the court recognizes as valid.
• from the moment when the heir became aware of the opening of the inheritance, no more than 6 months have passed.

In this case, the court redistributes the inheritance property among all heirs, declaring the certificates issued earlier invalid.

How can a pensioner challenge a will?

Citizens who own property have the right to dispose of property at their own discretion. For example, they can draw up a deed of gift or a will for any person. The process should take into account applicants who are legally entitled to a share in the property, which includes retirees. If you need to challenge the validity of a will, it is recommended that you familiarize yourself with the information presented in this article.

Reasons

A will is a document whose contents reflect the last will of a citizen. There are situations when the testator does not indicate all relatives. If there are legal grounds, heirs not specified in the act have the right to challenge the testamentary act. First of all, this applies to persons who, on the basis of Article of the Civil Code of the Russian Federation under number 1149, can claim an obligatory share in the inheritance.

The law also gives a pensioner the right to challenge a will. This category of persons, based on the order of entry into inheritance rights, may express a desire to challenge the validity of the document.

Grounds for challenging a will:

• Partial or complete incapacity of the testator proven documented
• Inability of a person to be responsible for his actions - being in a state of intoxication, mental illness
• The form and procedure for drawing up the document are contrary to legal norms - the presence of errors, corrections, distortion of information, lack of signatures
• A pensioner has the right to challenge a will if the drawing up of the order was accompanied by violent actions, deception, or threats
• If citizens, being of sound mind, did not participate in the execution of the testamentary act
• Was not notarized
• When drawing up a closed order, the procedure was not followed - there were no witnesses.

Sister is a pensioner

Can a pensioner's sister challenge her brother's will? According to the law, a pensioner sister can claim to challenge a will and receive a share in the inheritance if she is declared incompetent and was dependent on the deceased. Persons classified as “dependents”, living in the apartment with the testator and dependent on the owner, have the right to cancel the validity of the document.

However, if the pensioner sister does not belong to the designated group of persons, then, being a lower-ranking heir, she cannot challenge the will.

Son is a pensioner

Can a retired son challenge a will? According to the law, Art. Civil Code of the Russian Federation No. 1149, the son of the testator belongs to the category of applicants who have the right to receive an obligatory part of the property of the deceased. The exception is the case if a relative of the first category was found by a court decision to be unworthy of inheritance.

Grounds for declaring an applicant for the property of the deceased unworthy:

• Committing a crime against the testator
• Avoidance of legal responsibilities to care for a relative.

Where to go and how to act?

To find out how a pensioner can challenge a will, you need to familiarize yourself with the legislation. Article number 1131 of the Civil Code of the Russian Federation states that a citizen who wishes to challenge a will has the right to file a claim in court. To increase the chances of a positive outcome of the case, it is necessary to prepare evidence confirming the grounds for challenging the act.

Evidence for appealing the order:

• Witness's testimonies
• Certificates from medical institutions
• Post-mortem examination
• Documents recognizing the applicant for a share of property as unworthy.

The statement of claim and package of documentation is submitted to the court of any instance at the location of the apartment, house and other property.

After receiving a positive court decision, the pensioner, by providing a package of documentation, formalizes the right to an apartment at the notary’s office. Disagreement with the court ruling may be appealed.

Documents to court

The trial of a will contest by a pensioner begins only after the proper documentation has been provided.

List of documents for the court:

• Passport
• Certificate confirming the degree of relationship with the testator
• Documents confirming the invalidity of the initial order
• Original testamentary document
• Receipt for payment of state duty. The state duty is 200 rubles.

A statement of claim to the court to challenge a will is drawn up by reflecting the following information:

• Information about participants in the order
• The essence of the appeal and legal grounds for initiating litigation
• Applicant's requirements
• At the end, a date and signature are placed.

statement of claim

Term

When can a pensioner challenge a will? Based on the content of Article 181 of the Civil Code of the Russian Federation, the limitation period for challenging the order of the deceased is one year. if there were violent actions, blackmail, deception. Three years . if the reason for the appeal is an incorrectly executed document.

Appealing a will after the death of a testator is a complex process. If you need to get free legal assistance, you can contact a lawyer on our website. An individual approach to resolving the issue will allow you to obtain the necessary information.

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

• +7 Moscow and region.
• +7 St. Petersburg and region.
• +7 all regions of the Russian Federation.

Inheritance under a will obligatory share of a pensioner

Mandatory share in inheritance

This is due to the fact that certain categories of people need special material protection due to their age or health status. Thus, in a number of cases, the legislator limited the freedom of will. Who has the right to an obligatory share in the inheritance? The law establishes a circle of persons who cannot be completely deprived of inheritance and inherit a share without fail, that is, if there is a will for a certain person (persons) and they are not mentioned in the will. These include: · a) minor or disabled children of the testator · b) disabled spouse · c) disabled parents (adoptive parents) · d) dependents of the deceased. The rule on the right to an obligatory share is imperative, i.e.

What is the required share of a pensioner’s inheritance?

Since the apartment is premarital, then by law it is inherited in equal shares by the spouse, children and parents (if they survive the testator) - Article 1142 of the Civil Code of the Russian Federation. Rate the lawyer's answer: Still have questions? Ask them by phone 8-(800)-505-9265 or on the website Article 1149. The right to a compulsory share in the inheritance The disabled spouse of the testator inherits, regardless of the contents of the will, at least half, which would be due to each of their heirs upon inheritance by law (compulsory ).

Who is entitled to a mandatory share of the inheritance in a will?

This rule is provided for in the Civil Code of the Russian Federation. What it is? Mandatory inheritance is a part of the testator's property that must be awarded to a certain group of people. It is inherited regardless of the contents of the will. This is the only exception to the rules of freedom to dispose of one's property. Mandatory inheritance under a will is the minimum. The testator may award to the heir who has the right to claim it the majority of his property or related rights. It should be taken into account that the obligatory share is inherited even if the testator transfers all his benefits to other persons. The Civil Code of the Russian Federation The Civil Code of the Russian Federation establishes the right to freedom of will (Article 1110). This means that the testator can: transfer his property to any persons; deprive the corresponding right of those who would be called upon to inherit by law; make other orders.

The right to an obligatory share is enshrined in Article 1149 of the Civil Code of the Russian Federation.

What share do I have in inheritance? I am a pensioner - 60 years old

2. The right to an obligatory share in an inheritance is satisfied from the remaining untested part of the inheritance property, even if this leads to a reduction in the rights of other heirs under the law to this part of the property, and if the untested part of the property is insufficient to exercise the right to an obligatory share, from that part of the property which is bequeathed. 3. The mandatory amount includes everything that the heir entitled to such a share receives from the inheritance for any reason, including the cost of the testamentary disclaimer established in favor of such heir.

Inheritance under a will obligatory share of a pensioner

Pensioners, as a disabled contingent, have an obligatory inheritance. In addition to them, this right can be used by: disabled parents of the deceased who have the first or second disability group, disabled second half of the testator, disabled and minor children of the testator, all other heirs recognized as disabled, who were supported by other persons who are not relatives, but living with the testator for at least years and those dependent on him. Legislative acts generally accept two ways of accepting such an inheritance: By will.

Entry into compulsory inheritance by a pensioner

spouses, parents and children of the deceased.

But, in contrast to the generally accepted opinion, they do not always have the right to an obligatory share in the inheritance itself if it was previously divided by a will, and family members were able-bodied at the time of death. The exception means people who are fully dependent on the testator for 1 year or more, and here the degree of relationship and age will no longer play any role.

Who has the right to inheritance regardless of the will?

Privatization of a land plot by a legal entity

Sources: napravah.com, www.gos-ur.ru, advopravo.ru, classomsk.com, likvidaciya-ooo-balashiha.ru

Next:

• Color blindness is inherited from the father
• Actual acceptance of inheritance from a notary if the deadline is missed

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Escheatable property or 9th line of inheritance

In the absence of heirs of all orders, or the absence of a will, the right to inheritance passes to the state. Such property is called escheat (Article 1151 of the Civil Code of the Russian Federation).

PS

If there is no will, the immediate relatives have priority rights to inheritance. Life situations are different, some refuse an inheritance, others try with all their might and means to get it. It is simply impossible to simulate all situations and determine who has the right to inheritance under certain circumstances. It is important to understand the general principles of inheritance and follow the law.

Yuri Norvils