Concept and main categories of inheritance law

Hereditary succession

At the legislative level, it is determined that valuables are transferred from the deceased to the successor after the execution of a number of official papers. Inheritance law states that the successor must be a person who has sufficient grounds to enter into an inheritance. This may be a relative or other entity specified in the will. The rights to receive property are vested in:

• individual;
• entity;
• funds;
• government agencies.

There are no differences in succession based on nationality. All applicants are equal under the same conditions. The inherited property is transferred to the persons specified in the will in the shares provided for by its terms. The rest of the mass is distributed among first-degree relatives.

Succession of heirs has exceptions. The applicant is deprived of his rights if it is proven that he is unworthy. Conversely, there are a number of entities for which mandatory succession is provided. Within the framework of inheritance law, young children, disabled parents, and dependents receive the same amount as they were entitled to if they were the primary heirs. And a will to receive a mandatory share is not an obstacle.

In the general theory of law, subjects are recognized as participants in legal relations who have legal capacity by law, that is, the ability to have civil rights and bear responsibilities. The subjects of hereditary succession are the testator (testator) and the heir (heirs). The Civil Code of the Russian Federation does not establish the concept of “testator”. Therefore, the testator is understood as a deceased person who at the time of death possessed certain property (inheritance), which, in accordance with the law, can be inherited by the heir (heirs) either by will or by law. Only citizens (individuals) can be testators, both by will and by law. According to the norms of Russian inheritance law and by virtue of Part 4 of Art. 35 of the Constitution of the Russian Federation, which guarantees respect for the right of inheritance, a testator in our country can be any person who is the owner of this or that property. Certain restrictions in current legislation are established only for persons who wish to make a will. Thus, the legal capacity of the testator will only matter when drawing up a will, since the validity of the will as a civil law transaction will depend on the legal capacity of the testator. When inheriting by law, the legal capacity of the testator does not matter, since the inheritance is opened due to an event such as the death of a citizen. Heirs are recognized as persons who, in accordance with the norms of the Civil Code of the Russian Federation, may be called upon to inherit. Heirs can be individuals (Russian and foreign citizens, stateless persons), legal entities (commercial and non-profit organizations), public legal entities (Russian Federation, constituent entities of the Russian Federation (hereinafter referred to as constituent entities of the Russian Federation), municipalities, foreign organizations and international organizations). Citizens (individuals) can be called upon to inherit both by will and by law if they are alive on the day the inheritance is opened (clause 1 of Article 1116 of the Civil Code of the Russian Federation). Citizens who die on the same day are considered for the purposes of hereditary succession to have died at the same time and do not inherit from each other. At the same time, the heirs of each of them are called to inherit (clause 2 of Article 1114 of the Civil Code of the Russian Federation). Citizens conceived during the life of the testator and born alive after the opening of the inheritance (nasciturus - from Latin nasciturus) are also called to inherit. However, it must be taken into account that until the birth of the heir, the issuance of a certificate of the right to inheritance is suspended (clause 3 of Article 1163 of the Civil Code of the Russian Federation) and the division of inherited property cannot be carried out (Article 1166 of the Civil Code of the Russian Federation). Thus, the legislator protects the interests of potential subjects of law. Thus, a child of the deceased, conceived during his lifetime and born alive after the opening of the inheritance, is taken into account when distributing the inheritance. If a child is stillborn, he is not taken into account when distributing the inheritance. Legal entities, regardless of their organizational and legal form and form of ownership, can be called upon only on one basis - inheritance by will, but provided that they exist on the day the inheritance is opened. Consequently, at the time of opening of the inheritance, the legal entity must exist as a subject of law. A legal entity can be an heir if at the time of opening the inheritance it is not excluded from the unified state register of legal entities. In the case where a legal entity ceased to exist on the day when the inheritance opened, it cannot be called upon to inherit by will. If a legal entity was reorganized as a result of the accession to it of another legal entity specified in the will as an heir, and the reorganization procedure was completed on the day the inheritance was opened, then it cannot be called to inherit under the will, since the annexed legal entity specified in will, is considered to have ceased its activities from the moment an entry about this is made in the state register of legal entities (clause 4 of article 57 of the Civil Code of the Russian Federation). Foreign legal entities can also be heirs under a will. Public legal entities (Russian Federation, constituent entities of the Russian Federation, municipalities, foreign states and international organizations) can inherit not only by will, but also by law. An exception to this rule is established in relation to foreign organizations and international organizations, which can be called upon to inherit only by will. The state (Russian Federation, constituent entities of the Russian Federation and municipalities) can be called upon to inherit by law in accordance with Part Three of the Civil Code of the Russian Federation in only one case - in case of escheat of property. According to the current legislation on inheritance, the state is called upon to inherit in the following cases - if: • there are no heirs either by law or by will (Article 1151 of the Civil Code of the Russian Federation); • none of the heirs has the right to inherit or all heirs are excluded from inheritance (Article 1117 of the Civil Code of the Russian Federation); • none of the heirs accepted the inheritance or all the heirs refused the inheritance and none of them indicated that they were refusing in favor of another heir (Article 1158 of the Civil Code of the Russian Federation); • all heirs by law are deprived of inheritance by the testator (clause 1 of Article 1119 of the Civil Code of the Russian Federation), and there are either no heirs under the will, or none of them have the right to inherit or have not accepted the inheritance. Foreign states and international organizations (for example, UNESCO) may be called upon to inherit under a will. Unworthy heirs. The Civil Code of the Russian Federation establishes a list of persons who do not have the right to receive an inheritance, who are called unworthy heirs. This list can be divided into 2 groups: • persons who do not have the right to inherit by will and by law (clause 1 of Article 1117 of the Civil Code of the Russian Federation); • persons who may be excluded from inheritance in court (clause 2 of Article 1117 of the Civil Code of the Russian Federation). The first group includes citizens who, by their deliberate illegal actions directed against the testator, any of his heirs or against the implementation of the testator’s last will expressed in the will, contributed or tried to promote: a) the calling of themselves or other persons to inherit, if this circumstance has been confirmed in court; b) an increase in the share of the inheritance due to them or other persons, if this circumstance is confirmed in court. To recognize these persons as unworthy, the following conditions must be present: illegality of actions, actions must be intentional and must be directed either against the testator, or one of the heirs, or against the implementation of the last will of the testator, expressed in the will. These circumstances must be confirmed in court (court verdict, court decision). Persons who may be excluded from inheritance by law in court include: 1) parents after children in respect of whom the parents were deprived of parental rights by court and were not restored to these rights by the day the inheritance was opened. Parents deprived of parental rights may inherit by will. If at the time of the opening of the inheritance the parents who were deprived of parental rights were restored to these rights, then they are subject to being called to inherit; 2) citizens who maliciously evaded the fulfillment of their duties by force of law to support the testator. These persons may be excluded from inheritance by law by the court at the request of the interested person. The list of persons obliged by law to support the testator is exhaustively enshrined in family law, where, in particular, we are talking about the fulfillment of alimony obligations by the following persons: • parents in relation to their minor children (Article 8 ° of the Family Code of the Russian Federation (hereinafter referred to as the FC RF)); • able-bodied adult children in relation to their disabled, needy parents (Article 87 of the RF IC); • spouses in relation to each other (Article 89 of the RF IC); • able-bodied adult brothers and sisters in relation to their needy minors and disabled adult brothers and sisters (Article 93 of the RF IC); • grandparents in relation to their needy minors and adult disabled grandchildren (Article 94 of the RF IC); • able-bodied adult grandchildren in relation to their disabled and needy grandparents (Article 95 of the RF IC); • able-bodied adult stepsons and stepdaughters in relation to disabled stepfathers and stepmothers in need (Article 97 of the RF IC). If a person did not fulfill the obligations to support the testator by virtue of an agreement concluded between them (for example, lifelong maintenance with dependents, a marriage contract), then there are no grounds for exclusion from inheritance. Property received by an unworthy heir by inheritance is acquired unjustifiably. In accordance with paragraph 3 of Art. 1117 of the Civil Code of the Russian Federation, a person who does not have the right to inherit or is excluded from inheritance on the basis of this article (an unworthy heir) is obliged to return, in accordance with the rules of Chapter 60 of the Civil Code of the Russian Federation, all property that he unjustifiably received from the inheritance. Thus, if an unworthy heir received property from the inheritance, then he is obliged to return it in kind to worthy heirs, and in case of refusal, the heirs have the right to go to court. The rules on recognizing an heir as unworthy apply to heirs who have the right to an obligatory share in the inheritance (clause 4 of Article 1117 of the Civil Code of the Russian Federation). This norm is new, since in the previous legislation, obligatory heirs could not be excluded from inheritance as unworthy. In addition, the rules on unworthy heirs apply to testamentary refusal (Article 1137 of the Civil Code of the Russian Federation). In the case where the subject of the legacy was the performance of certain work for an unworthy legatee or the provision of a certain service to him, the latter is obliged to compensate the heir who executed the legacy for the cost of the work performed for the unworthy legatee or the service provided to him. In this case, the cost can be reimbursed both in monetary terms and in kind (for example, by transferring an item whose price coincides with the price of work performed or service provided). If property was transferred to an unworthy legatee, then it is subject to return to the heir who executed the legacy, or is transferred to a sub-designated legatee, or is returned to the inheritance according to the rules (Articles 1137, 1161 of the Civil Code of the Russian Federation).

What will happen to the inheritance if the heir under the will has not entered into the inheritance?

According to the rules of succession, ignoring the entry is equivalent to refusal. There are two situations:

1. The heir refused in favor of a specific person.
2. The waiver was not issued or successors were not indicated.

In the first case, the person indicated in the document becomes the legal successor. In the second, the heirs who are specified in the will enter into the process. If there is only one applicant, the inherited property is distributed according to the law, in order of priority according to the degree of relationship.

Participation in the inheritance process is not an obligation. Anyone can refuse succession without giving reasons, unless we are talking about compulsory inheritance. In this case, they inherit under any circumstances, unless the guardianship authorities give appropriate permission. Dependents and children must have adequate provision. And the reason for refusing succession may be the debts of the testator, which are also included in the inheritance mass.

Heirs of the first stage

Since the property of the deceased passes to close relatives, including spouses, parents and children, the rule of distribution of the inheritance among the participants of the first stage comes into force. In the absence of such, the permissibility of transfer of powers to heirs representing the second priority comes into force.

Entry into inheritance

The inheritance case is opened by a notary after receiving applications from applicants. Six months are allotted for registration. The first day of the term is the date of death of the testator. The inherited property is distributed among everyone who has declared succession. The main criterion is the preservation of the rights and freedoms of the testator and legal successors. Within six months, the notary:

• determines the presence of obligatory successors;
• searches for possible heirs;
• forms the hereditary mass.

After the end of the allotted six-month period, everyone is issued a certificate of receipt of inherited property. Based on this, the owner’s rights must be re-registered. The concept of hereditary succession includes this mandatory stage. Only after this can valuables be sold, donated, exchanged, or bequeathed. But there are cases when it is not advisable to take ownership. Then a refusal is issued.

Reasons not to inherit

Most often, refusal of succession is associated with debts that will have to be paid after re-registration of property. A sign of debt is a loan agreement. In most cases, it is kept in the personal papers of the deceased. And if the amount of debt exceeds the value of the inheritance, it makes no sense to accept the inheritance. Debt succession is a liability only in the case of entry.

Reluctance to participate in the inheritance matter means automatic refusal of succession. If the testator bequeathed property, but the successor did not apply for accession within six months after the opening of the will, the debts are not written off. The financial responsibility is distributed among the remaining applicants in proportion to their shares. There is also a binding to the inheritance object. When a legal succession is registered, for example, for an apartment, the debt on utility bills is paid off by the new owner.

But this is not the only reason not to enjoy the privileges of succession. The Civil Code does not stipulate specific reasons, and there is no need to indicate them. The contents of the refusal order do not have a corresponding column. An exception is the waiver of the obligatory share if succession is formalized for a minor. Then the guardian attaches permission from the guardianship authorities to the application. Sufficient arguments are wealth, the presence of inherited debts, etc.

Differences between universal and singular succession

The main distinguishing feature of universal succession is the transfer of the entire inheritance to one person. Singular succession involves the entry into the rights of the owner to a part of the inheritance. This entails consequences regarding inheritance document flow. In the first case, one act is sufficient. In the second, a number of papers are drawn up, each of which concerns a certain share.

With shared participation, it is assumed that the required amount will be withdrawn from the total mass for subsequent succession. In this case, the duties and responsibilities assumed on the basis of inheritance relate only to the seized part. For example, this is done without fail. Refusal can also be selective. However, debt obligations associated with the property received cannot be separated from the object of legal succession.

Loan agreement

The transfer of debt obligations is based on a credit agreement (loan agreement), and is regulated by the provisions of Article 387 of the Civil Code of the Russian Federation. The powers of the creditor are alienated to the interested party under the following conditions:

• Registration of universal legal succession from a creditor to an individual or legal entity by drawing up an agreement.
• By court decision, when the rights of the creditor are transferred to the person designated by the court decision by law.
• If the guarantor or co-borrower, who are not debtors under the loan agreement, has fulfilled the debtor’s obligation.
• If the debtor is responsible for the occurrence of an insured event, the collateral is transferred to the insurance company.
• In other cases that do not contradict the law (Article 388 of the Civil Code of the Russian Federation).

The indicated procedure, as well as operations with the collateral object, require obtaining sanctions from the creditor, as stated in Article 391 of the Civil Code of the Russian Federation.

Rights and obligations after accepting an inheritance

As a result of inheritance, only property values ​​are transferred, but also the responsibilities associated with them. So, if the inherited property is a car, you will have to pay transport tax. When inheriting an apartment, you need to understand that utility payments are mandatory. Refusal of obligations will lead to the loss of housing with deprivation of the right to property.

Debts on unpaid loans are also subject to payment. Within the framework of the law on succession, loans on property included in the estate are repaid if the testator has not managed to pay off the bank. Utility payments that the testator did not make must be transferred. Otherwise, it will not be possible to re-register the property. The corresponding mark will not be entered into Rosreestr, and square meters cannot be used.

But after joining, the property can be sold. In this case, a tax is paid in the amount of 13% of the value specified in the purchase and sale agreement. The deed of gift is not subject to taxation, since the transaction in this case is gratuitous. The same thing happens with hereditary succession. But upon registration, the heirs will pay a tax of 0.3% if they are close relatives (children, parents, spouses), or 0.6% (tax rate for everyone else).

What obligations of the testator do not pass to the heir?

During succession, debts directly related to the inherited object are transferred. Accounts payable that are no longer current due to the expiration of the statute of limitations are not subject to repayment. The laws set aside 3 years during which the creditor can file a claim for collection of debts after arrears have formed. And what is transferred by inheritance cannot exceed the percentage of the received property.

Contract of sale

If, in the process of purchasing an apartment, house or land, the buyer leaves the existing legal relationship, transferring the right to purchase to a new participant in the transaction, he is alienated from the obligation to purchase real estate in respect of which a preliminary purchase and sale agreement (PPSA) has been drawn up.

This precedent also demonstrates the universal type of transfer of property, since the terms of the contract drawn up in favor of the buyer are preserved when one party to the contract is replaced by another. Among other things, selection or adjustment of the sales conditions of the object is unacceptable here - the positions listed in the provisions of the PDKP remain fully relevant.

Legislative grounds

The principles of succession are described in the Civil Code of Russia. There are a number of articles regulating the transfer of values, claims, debts, etc. The list of persons, their types and methods of legal succession are described in Articles 1116-1117. The hereditary mass is formed from the objects that are described in Article 1112. And in Art. 1137 there are clarifications regarding mandatory succession.

The inheritance case is disclosed in accordance with Art. 1114, and the list of objects requiring re-registration is given in paragraph 4 of Article 1152. This list is far from complete. Disputes often arise between former and current spouses. After divorce under Art. 33 arbitrariness is the use of property without sufficient justification for succession. And regarding obligations, Art. 60. regarding the fulfillment of obligations, liability is assumed for failure to comply with the requirements of the law.

There is no need to study all the conditions. This will take a lot of time. Special knowledge in jurisprudence is also required. But in every official inheritance document it is necessary to motivate and confirm the legitimacy of the stated requirements. For this purpose, specific bills are introduced into the text. To avoid mistakes, involve a lawyer specializing in inheritance matters in the procedure.

Types of hereditary succession

Lawyers, judges, notaries and advocates distinguish the following categories of succession:

1. Universal . It is assumed that the entire inheritance will be re-registered in favor of one individual. Advantages: absence of disputes, preservation of the inheritance indivisible. The disadvantage is the unambiguous transfer of all debts, including those that the heir does not know about at the time of filing the application for accession.
2. Singular . Inheritance rights are transferred partially. Moreover, these can only be the debts of the testator if he indicated this in the will. Registration is complicated by the fact that not a single act is issued, but many papers, each of which is endowed with legal force. Their compliance analysis will be required.

Separately, it is necessary to consider the case when the process involves the involvement of a minor heir.

Universal succession of minors

Often people under 18 years of age are called to inheritance matters. They are not allowed to sign legal documents in person. Therefore, their parents or guardians participate in the succession. The peculiarity is that the inherited property remains with the minor heir. The adult representative draws up the paperwork and assumes the responsibility to preserve the inheritance until he reaches adulthood.

Candidates for succession include children born in and out of wedlock. Adopted citizens are given rights equal to them. There is a distribution by age categories. No one under the age of 14 can sign. From 14 to 18 years of age, the consent of parents or guardians is sufficient. Emancipated people who:

1. They have their own property.
2. Enjoy the rights and responsibilities of marriage.
3. They have their own legitimate children.
4. They receive a permanent official income.

Citizens in this category of heirs decide for themselves whether to accept succession or refuse it, without the consent of the guardianship authorities.

When is universal succession impossible?

There are a number of debt obligations that are not inherited. Thus, alimony paid by the testator during his lifetime is canceled after death. Also, the heirs are not obliged to pay damages for damage caused to property and health if such transfers were assigned to the testator. With regard to succession, the following cases are distinguished when it is impossible to receive the entire inheritance volume:

1. The will specifies several equal successors.
2. The expression of will was not formalized, and the inheritance has to be divided according to the law.
3. In the same line of succession there are applicants who have declared succession.
4. There are obligatory heirs who will accept the due share.

In these cases, a singular hereditary distribution of parts is initiated. Then succession involves vesting the participants in the process with equal rights and responsibilities.

Singular assignee

In contrast to the cumulative transfer of powers, which involves a universal type of transfer of real estate, a singular successor enters into private disposal of such.

Those parts of the property and the attached documentation are transferred to his disposal, in relation to which a scattered selection is made, corresponding to his competence on the basis of Article 58 of the Civil Code of the Russian Federation.

Here are some precedents:

1. assignment agreement;
2. transfer of debt obligations;
3. compensation

Situations in which selectivity of real estate and other property is not allowed require a relationship with universal rather than singular types of succession.

Thus, singular powers do not apply to:

• for inheritance by law and by will;
• on property transaction agreements;
• to the procedural context.

How to legally divide money between relatives from the savings book of a deceased sister?

Such succession involves the distribution of money among persons in the same (first) line of inheritance. This is a child, spouse, mother or father. Even siblings are not the first priority candidates. The inheritance amount goes to them if the listed citizens are no longer alive or they have issued a refusal. Reluctance to submit an application to a notary is regarded as a refusal without listing successors.

But it is better if the parents and spouse of the deceased personally refuse inherited money in favor of a brother or sister. You can divide the amount in any proportion. Then, at the end of the inheritance case, a bank order is issued giving access to the accounts of the deceased. However, the procedure has a number of features that need to be taken into account. And the point is not only that six months are allotted for registering the deceased’s inheritance. The starting point is the moment of his death.

Instructions for withdrawing money from a deceased relative from a Sberbank account

Concerns related to the search for applicants and the distribution of amounts are transferred to the notary initiating the inheritance case. When assigning succession, he takes into account the grounds, the presence of a will, priority, and refusals. The step-by-step instructions look like this:

1. Apply for inheritance.
2. Wait for the completion of hereditary procedures.
3. Receive a notarized bank order.
4. Present the document to the Sberbank branch.
5. Re-register the contract in your name.
6. Use your money as you wish.

A passport and additional identification will also be required to identify the applicant. As a result, the heir becomes the full owner of banknotes, which he can spend or transfer to a deposit. They are allowed to pay their own debts, etc. Hereditary succession presupposes complete freedom to dispose of the property received.

Legal successor under a will

The person in whose favor the will is drawn up also does not have the right to renounce the unfulfilled obligations of the deceased by accepting real estate encumbered with a pledge.

He is subject to the rules applicable to a universal successor, despite the fact that the deceased could leave to him not all the property, but only part of it. There is a legal position here that defines bequests as a statistical unit. So it is also unacceptable to tear up the list of things transferred under the will.

Acceptance of all transferred property occurs at one moment, when signing the acceptance of the inheritance under the will, without sampling the predominant values ​​on the part of the bequeathed recipient.

Cases where in a will the owner of a property allocates shares to be alienated to a particular person are sometimes considered as singular succession.

But this controversial issue is open to interpretation and has not received a clear solution from justice representatives.