Article 1148 of the Civil Code of the Russian Federation. Inheritance by disabled dependents of the testator

Who are disabled children and dependents?

Reference! Disabled dependents of the testator are categories of persons who are unable to take care of themselves after the death of the testator. That is why the law believes that it is necessary to take care of such persons.

The law provides that after the death of the testator, if the names of dependents and disabled persons are not mentioned in the will, they are entitled to a share equal to 15% of the total share in the inheritance. This amount should be enough for these individuals to simply survive at first.

Who is recognized as disabled by both children and dependents? Disabled children are those persons who have not reached the age of 18 , and therefore do not have full legal capacity. This category of citizens does not include persons who are emancipated as a result of becoming parents themselves, or who work under an employment contract.

Dependents include persons who do not have permanent employment due to the fact that they are pensioners, disabled people, or for some other reason cannot carry out their work activities. These persons, as a rule, are completely financially dependent on the testator, and also lived on his territory.

After the death of this person, they have the right to a share in the inheritance in order to somehow survive for the first time.

Conditions for inheritance by disabled dependents

Disabled dependents inherit even against the will of the testator. The law protects their rights. Let's consider the order of inheritance by dependents:

• in law;
• as independent heirs;
• by will.

In law

Dependents can claim property along with the heirs of any succession. That is, if the rights of inheritance are taken over by first-degree successors: spouses, children, parents, then dependents can receive a share together with them. Moreover, in this case they receive an equal share in the property.

Example. When registering Ivan’s inheritance, his wife, daughter, mother and ward turned to the notary. The ward inherited as a dependent. Since Ivan did not make a will, all of his property will be divided into 1/4 shares to each heir. That is, the ward will receive the same share as the spouse, mother or daughter.

If there are no heirs in the first line, then the dependents can inherit with any other line, which will be called upon to inherit under similar conditions.

Disabled dependents as independent heirs of the eighth stage

If the deceased did not leave a will, and according to the law he has no heirs, they were declared unworthy, were denied rights to inheritance, did not register the property or missed the deadline, then the dependents have the right to receive the property in full, as heirs of the eighth stage.

In this situation, the dependent receives all the property of the deceased, and is also liable for his debts to the extent of the value of the property received.

Reference! Disabled dependents are not exempt from paying the debts of the deceased to the extent of the inherited property. But creditors cannot demand payment of debts in full if they are larger than the inheritance received.

Which citizens belong to them?

Disabled heirs are considered to be those persons who cannot get a job due to some economic reasons , as well as those who, due to their physical nuances, cannot afford this. For example, these are disabled people who cannot work in accordance with an employment contract.

These are also pensioners who, due to their age, also cannot afford to work on their own . These people are recognized as disabled heirs.

are also considered disabled , because due to age, as well as the law, they cannot carry out labor activities in accordance with an employment contract, and the use of their labor is considered exploitative.

Relatives

Relatives who are both directly related and who are relatives of lower lines can be recognized as disabled persons.

Attention! Regardless of which line the heir is close to, the main thing is that they are not preceded by any category. In this case, they can claim real estate.

Not related

Dependents can also be recognized not as relatives, but as persons who, for one reason or another, depend on the person, however, in accordance with Article 1141 of the Civil Code, they are not relatives along one of the lines of kinship.

However, such people are those who are in the care of the deceased person . This means that the deceased was responsible for their maintenance.

After death, such a right is assigned to the inheritance, namely to the share in it.

For such persons, a mandatory part is also allocated.

Read more about the line of inheritance here, and find out more about the first line in this material, as well as about heirs by right of representation here.

What fee do you need to pay when registering an inheritance with a notary?

In order to obtain a certificate of inheritance, the applicant must pay a state fee. Without a certificate, it is impossible to register property in your name.

The amount of the state duty depends on the degree of relationship of the heir to the deceased person:

Heirs of the first and second stages must pay 0.3% of the value of the property (but not more than 100 thousand rubles).

Heirs of subsequent queues - 0.6%.

The value of the property is determined by specialized organizations on the day of death of the testator. The assessment is carried out by the BTI, as well as organizations that have a state license to carry out such actions.

How to prove compliance with the status?

However, it is not easy to go to a notary and declare yourself a dependent. In fact, in order to obtain such a status, and therefore qualify for a mandatory share, you need to prove your status . To do this, you need to provide documents that in one way or another prove that you depended on the testator.

For example , an agreement under which he provided you with funds , paid alimony, or gave money for maintenance. Also, evidence may be the presence of registration in the living space of the deceased.

Reference! In order to determine the fact of disability, you need to provide the papers that we listed in the paragraph above. In the absence of such papers, if the testator simply detained you, you must provide a certificate stating that you do not have a job from the social protection center. Also, if there is a degree of disability, you must attach a certificate about this as well.

If for some reason you cannot provide documents indicating that you were disabled and were in the care of the deceased, then you must provide at least evidence from persons who were eyewitnesses that you are recognized as a dependent.

Read on the website about what to do if the heir has not entered into the inheritance within 6 months and who the heir of the deceased heir is. Materials are given about commorients and unworthy heirs.

When can you accept an inheritance?

The right to inheritance arises after the death of the person who owned certain property. This rule is relevant for inheritance by law and by will.

You can claim your rights to the property of a deceased relative within 6 months from the date of his death. This means that the successor has the opportunity to contact a notary at the place of residence of the testator the very next day after his death. However, the appearance of an heir on the threshold of a notary's office does not mean the immediate issuance of a certificate of inheritance.

For the convenience of the reader, the table below shows examples of situations of accepting an inheritance, and also briefly describes the algorithm for solving them:

The concepts of refusal and non-acceptance should not be confused.

Refusal of inheritance implies the presence of a notarized statement. It is this statement that gives the notary the opportunity to register the client’s will and begin searching for successors in the next stages.

Failure to accept an inheritance is a kind of inaction on the part of the heir. In other words, the successor may not have known about the death of a relative or the inheritance is an unnecessary attribute for him, so he decided not to declare his rights to the property.

Many people are interested in what cases a refusal of inheritance is formalized. The process of registering a waiver can begin only after the successor has contacted a notary and declared his intention to participate in the distribution of property. At the request of the client, the notary opens a notarial deed. However, if after some time the heir learns that, in addition to the property, the testator has a large number of debts, he has the right to write a statement of refusal of the inheritance.

Package of supporting documents

In order to receive an inheritance, while being a disabled citizen or a dependent, you need to collect the appropriate package of documents.

• The first document is a statement in which you state your request to give you the opportunity to become the owner of property that is inherited.
• Next, you need to provide a photocopy of your passport .
• Please also include a document that proves that you are a dependent or disabled citizen. This could be various extracts, certificates, and also, quite likely, evidence from other relatives or strangers about who you are.
• If the notary still decides that you can lay claim to the property, you will be asked to pay tax and also draw up a tax return. Offering a receipt for this is also necessary.

Who are considered disabled children of the testator?

Based on the law and Article Part 1 of Art. 1149 of the Civil Code of the Russian Federation, dependents (minor children, disabled parents and spouses, brothers and sisters, as well as others who are fully supported by the testator) have the right to count on a mandatory portion of all property in the inheritance. If the article is interpreted correctly, we can say that the allocation of shares is expected to be more than half of what he can accept. But such cases have not been recorded in judicial practice.

The law establishes a number of requirements for a person who requires the allocation of a mandatory share. The following citizens are recognized as dependents:

• blood grandparents of the owner who do not have the ability to provide independent financial support (for example, a pension is the only type of income);
• parents and adoptive parents who have reached 60-65 years of age have no income other than a pension, including disability;
• adult children, brothers, sisters, grandchildren with disabilities;
• minor children, brothers, sisters, grandchildren;
• children, brothers, sisters, grandchildren, aged 18 to 23 years, undergoing full-time education;
• foreign citizens permanently residing with the owner for at least 1 year and leading a common joint household.

To recognize a foreign citizen as a dependent, it is not enough to live together with the testator. To do this, it is additionally necessary to maintain a general household.

An inheritance case is opened at the request of the applicant. The document contains:

• name of the notary office;
• information about the beneficiary (full name, residential address);
• mention of the presence/absence of relationship with the deceased subject;
• reference to the will (if any);
• the essence of the petition (acceptance of inheritance);
• date of document preparation;
• applicant's signature.

When submitting an application you need to prepare:

1. Identification.
2. Death certificate.
3. The original will.
4. Evidence of relationship to the deceased subject.
5. Papers confirming the right to inheritance (pension certificate, court decision on recognition as a dependent, birth certificate).
6. Title and title documents for property.
7. Certificate of the last place of registration of the deceased citizen.
8. Report on the value of the accepted property.
9. Receipt for payment of the duty.

If the beneficiary is a young child, then an additional passport of the legal representative will be required.

When performing notarial acts, a fee is withheld. Its size depends on the price of the property and the degree of relationship. Rates:

1. 0.3% of the value of the inheritance is paid by close relatives (spouse, children, parents, brothers, sisters). The maximum amount of the duty should not exceed 100 thousand rubles.
2. 0.6% of the value of the property received is paid by other applicants. The payment cannot exceed 1 million rubles.

What is known about inheritance rights?

Important! Disabled dependents have the right to receive an inheritance if the court or notary considers that they have the ability to do so. Also, these persons have the right to take ownership of real estate and dispose of it as they see fit.

No one will condemn them or prohibit them from alienating real estate, as well as other items of property that they inherited.

This is because dependents are likely to need cash , which means they may sell the property they receive in order to receive it.

Can a disabled person inherit an inheritance?

Incapacitated citizens and minor children can be heirs both by law and by will (1116 Civil Code of the Russian Federation). If one of the applicants turns out to be incapacitated at the time of opening the inheritance, then his interests are represented by authorized persons. Their powers must be confirmed by relevant papers.

A person who is not fully empowered to exercise civil rights and obligations is considered incompetent. These include:

• minor citizens (aged 0 to 14 years);
• adult citizens (recognized as legally incompetent by court decision).

The exercise of civil rights and obligations on behalf of an incapacitated citizen is entrusted to the representative. This could be a parent or guardian.

Documents confirming the authority of a representative of an incapacitated citizen

Representatives of the so-called eighth stage

In fact, disabled dependents are heirs under Civil Section 1141.

They are in the eighth line, which means they have the last right to claim all inherited property .

However, you should not think that if there are other heirs, these persons will not get anything. In any case, they are entitled to a mandatory share, which is equal to 15% of the total value of the inheritance.

This means that only if there are no other heirs, dependents can claim the entire inheritance .

What to do if disagreements arise between heirs

There are many reasons for disagreement between heirs. If relatives are unable to resolve the conflict peacefully, they can go to a court of general jurisdiction. At the same time, they can settle a property dispute both before receiving a certificate of inheritance and after its issuance.

Important: all disagreements between heirs can be settled in court no later than 3 years from the date of opening the inheritance case.

Once the notary becomes aware of the fact of challenging the right to inheritance, he is obliged to suspend the issuance of certificates to the remaining participants in the process.

Peculiarities of inheritance by this category of persons

The main feature of the inheritance of the testator's property by disabled dependents is the fact that in any case, even if these persons are not mentioned in the will, they still have the right to receive at least some part of the inheritance in order to live somehow.

Attention! The legislation provides for this possibility for a reason, because disabled citizens, disabled people, pensioners, children are the most vulnerable group of people who need to be supported.

Establishing the fact of being dependent on the testator

To become a full heir, a dependent, in the event of the loss of the person supporting him, must confirm his inability to support himself independently. This is done in the courts. To do this, they draw up and submit a statement of claim to establish the fact of being a dependent.

Moreover, the person receiving support must prove that this continued for at least a year before the day of loss of the person supporting him. By the way, the first can be not only relatives, but also completely strangers who have gone through such a process as the court establishing the fact of being a dependent.

It should be noted right away that it is quite difficult to confirm the legal fact of establishing a dependent status. For this purpose, a package of papers and very strong evidence is collected, which must be very convincing and sufficient in quantity. A person who does not understand such legal subtleties will not cope with the process on his own. Therefore, it is advisable to contact an experienced lawyer.

In addition, the procedure for establishing the fact of being a dependent is determined by the ultimate goal of the person who is trying to do this. And the goal can be very different.

If you are interested in obtaining a result that will suit you in all respects, you should contact specialists. Their choice should be taken extremely seriously, as they must have extensive experience in the field of interest to you and an impeccable reputation. Read reviews about them. If you do everything correctly, you will be completely satisfied with the outcome of events. Be sure to take into account the information we provide.

Finally, I would like to say that under no circumstances should you panic, since there is a way out of any situation. You must weigh the pros and cons, and then act, and experienced specialists will help solve your problem as quickly as possible.

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According to current legislation, disabled dependents are a special category of heirs, since the testator is not related to them by marital or family ties. However, a legal connection between the testator and dependents exists and is determined by the following circumstances provided for in Article 1148 of the Civil Code of the Russian Federation:

• the disabled person was dependent on the testator for at least a year before his death. This means that any other period that is less than the specified one allows us to conclude that the disabled person cannot claim any part of the inheritance;
• availability of documentary evidence of the dependent’s disability. To do this, any documents must be provided that may become a legal basis for declaring a person incapacitated by law;
• cohabitation of the dependent and the testator for at least a year before the death of the latter. It should be noted that this condition is not necessary for all cases. A complete list of situations can be found in the corresponding article of the Civil Code of the Russian Federation.

Another feature that distinguishes the inheritance of the property of the deceased by relatives and dependents is that in the first case such a right is bilateral, and in the second it is unilateral.

For example, spouses inherit property equally after each other. As for a disabled dependent, here only he can be considered an heir, while the person who is dependent on him cannot.

The modern Civil Code, in contrast to its Soviet prototype, divides disabled dependent persons into two groups:

• The first is those who do not have to live with the testator to receive his property after death. This category includes legal heirs, starting from the second and subsequent lines of inheritance. At the same time, they should not be in the queue, which at the time of the death of the testator will be called to inherit;
• the second - those who are not relatives and, accordingly, are not included in any queue for accepting inheritance at all. According to the current legislation, disabled dependents who are included in the first priority of inheritance are not mentioned as such at all, since de jure and de facto they will already receive the share of the deceased’s property due to them by law.

In the absence of a will, inheritance occurs in accordance with the law in equal rights.

Any subject can leave a will distributing his personal property among relatives and other citizens. The document divides all the property of the deceased citizen, according to the order of priority.

With regard to citizens who have lost their ability to work, an important feature applies: they receive a mandatory share, without the influence of a will. Such persons include:

• children of the testator, minors and disabled people;
• parents or spouses who do not have the ability to personally provide for themselves.

Important! The size of the obligatory share for these persons is half of the share legally due to the person.

For example, when the fact of inheritance arose, the subjects became the wife of the deceased, who was unable to work, and his father. The woman was not specified in the will, and therefore is deprived of this right. By law, she has the right to claim half of the estate. When the will specifies the division of property, she receives a mandatory share equal to a quarter of the estate.

Recognizing a citizen as a dependent entails certain advantages:

• Such a person is entitled to a mandatory share in the inherited property. The citizen may not be mentioned at all in the will. But Article 1149 of the Civil Code of the Russian Federation guarantees him a part of the property of the deceased in an amount not less than half of what is due to him upon inheritance by law.
• If a will has not been drawn up, then the dependent is equal in rights to the queue that inherits the property by law.
• If the testator has no relatives, then the person receives his property as an heir in the 8th order.

As you can see, the claim establishment of the fact of being a dependent is a long and complex process. Before going to court, the plaintiff should take care of evidence confirming his status.

This status means the following category of citizens:

• Disabled people from birth or due to an acquired disease, belonging to groups 1 and 2;
• Children of minor age, including those under guardianship or trusteeship;
• Category of retired people.

But can all pensioners be recognized as dependents and included in the inheritance or will? Let's consider the question in more detail.

The right to enter into an inheritance is exercised in accordance with the general procedure. To recognize the status of “dependent”, you need to go to court with a supporting package of documents.

After its assignment, you need to submit papers to the notary's office in order to be officially recognized as an heir, in accordance with your priority. In addition to the main papers, you must submit supporting documents about the status of a dependent and family ties with the deceased person.

Let's celebrate! A share in the inheritance is allocated in accordance with the will, if any, in case of its absence in accordance with the law on inheritance and family order. Practice shows that such cases are most often of a conflict nature between the relatives of the deceased and dependents.

Therefore, in order to avoid unpleasant proceedings, you need to be well prepared, including supporting documents.

In the family legislation of the Russian Federation, disabled heirs are a rather problematic category. As noted above, the disabled may be persons with a disability established by a court, incompetent citizens, men or women who, due to their advanced age, need guardianship or minor children.