Inheritance Law

Inheritance law includes inheritance by law, an obligatory share of inheritance, the procedure for compiling inheritance requirements and many other issues. The need for appropriate and reliable legal services with regard to resolving these issues may arise at any time.

The concept of inheritance law in civil law is interpreted as follows: "Transfer of property of the deceased to other persons is called an inheritance." In other words, the inheritance is understood as the transfer of the property of a deceased citizen and some personal non-property rights, as well as the duties of the deceased person in the manner prescribed by law.

Who are the heirs?

As indicated in article 1134 of the Civil Code, when inheriting by law, the heirs can be persons who were alive at the time of the death of the deceased, as well as those conceived during life and born after the death of the testator, regardless of whether they are his/her children and whether they are legal entities.

Certificate of Inheritance (inheritance by law)

The certificate of inheritance is issued to the heirs at any time after six months from the date of opening of the inheritance. Such a certificate shall be issued earlier than six months if the notary authority has information that there are no other heirs, except for persons requiring a certificate.

Heirs who, within the time period established by this Code, have not accepted the inheritance, with the consent of all the heirs who accepted the inheritance, may be included in the certificate of inheritance. Consent must be expressed in writing prior to the issuance of the certificate.

If the heir, called to inherit, after the opening of the inheritance dies, before he has time to accept it within the prescribed period, his heirs may receive a certificate of inheritance of property remaining after the death of the primary testator.

Mandatory share in the inheritance

Children, parents and the spouse of the testator, regardless of the contents of the will, have an obligatory share in the inheritance. This share should be half of the share that would be due to them if they inherited the law (mandatory share). The right to claim the required share arises from the moment of opening the inheritance. Such a right shall be inherited. Other heirs appear before the person entitled to claim the required share, as joint debtors.

Deprivation of inheritance

Deprivation of the right to obtain an obligatory share can be carried out by the testator during his lifetime by going to court. The decision on the deprivation of the right to receive an obligatory share made by the court is valid from the moment of opening the inheritance. The same consequence occurs when the testator, while still alive, went to court, but the decision was made after his death.

Inheritance claim

Sometimes disputes arise regarding inheritance, which can be resolved solely in court. Since the settlement of disputes cannot be resolved with the consent of the parties or by a notarial procedure, interested parties have the right to file a lawsuit on the inheritance. Claims in this dispute are called claims of inheritance.

From the point of view of regulating inheritance relations, both financially and procedurally, there are pre-trial, judicial and post-trial proceedings (criminal, civil, etc.), which are of particular importance.

Legal services related to inheritance law

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