Recognition of the fact of being dependent

Regardless of the terms of the will and the order of inheritance, his disabled dependents receive a mandatory share in the property of the deceased.

Establishing by a court the fact that a person is a dependent is a difficult issue for Russian courts. There are many regulations that classify various categories of citizens as dependents. This causes misunderstanding on the part of ordinary people, who in different situations acquire and lose the legal status of a dependent, while their actual situation does not change.

The procedure for establishing the fact of being a dependent

Establishing the fact of being a dependent may be necessary for:

• receiving an inheritance;
• pension assignment;
• compensation for harm.

To do this, you need to perform the following steps.

1. Determine if you are a dependent . These include disabled citizens who are fully financially supported by the breadwinner - pensioners, disabled people of groups I, II, III. Dependency of minor children is assumed and does not require additional evidence. In the event of the death of the breadwinner and the question of inheritance arises, for dependents who are not included in the first to seventh order of the testator, it will be necessary to prove the fact of cohabitation with him. The period of cohabitation must not be less than one year before death.
2. Prepare evidence . Before filing an application with the court, you will need to confirm your dependent status, namely: your disability, being supported by a breadwinner, and the period of cohabitation.
3. Draw up an application to establish the fact of being a dependent . This statement is drawn up in accordance with the general requirements for statements of claim.
4. Apply to the court . An application to establish the fact of being a dependent, along with all previously collected documents, is submitted to the district court at your place of residence.
5. Get a court decision . The court must resolve the issue within two months from the date of receipt of the application to the court, after which the resulting decision can be submitted to the body for which it was required to confirm the fact of being a dependent.

The procedure for recognizing the fact of being a dependent

The fact of being a dependent is established in court. To do this, you must file a claim containing the following points: :

1. Information about the applicant: Full name, date of birth, residential address.
2. Name of the court and its location.
3. Stakeholder data. If the court requires the court to establish the fact that a deceased person is dependent, then his potential heirs should be indicated.
4. A brief statement of circumstances that objectively indicate the applicant's dependent status. It is recommended to enter the details of people who can confirm the above.
5. In accordance with Article 267 of the Code of Civil Procedure of the Russian Federation, the applicant must indicate the purpose for which he will use the fact established by the court. Determination of dependent status is required to obtain a mandatory share in the inheritance, receive a survivor's pension and for other purposes. In each specific case, different rules of substantive law will be applied, which will influence the decision made.
6. The application must also contain a request to suspend the inheritance process, since there is a legal dispute regarding the property.
7. Request to recognize the person applying as a dependent of another person, indicating his full name.
8. List of attached documents.

The statement of claim is sent to the district court at the place of residence of the person who compiled it.

DOWNLOAD: Sample application to establish the fact of being a dependent.

In order to establish the fact of being a dependent, applicants usually submit the following documents:

• a copy of an identity document;
• pensioner's ID;
• decision of a medical examination to recognize a person as disabled;
• documents confirming the relationship between the applicant and the deceased;
• certificate of residence.

If the applicant refers in the claim to the evidence of neighbors or other persons, then these citizens will need to be summoned to the court hearing by summons .
Establishing the fact of dependency in a claim usually does not require much time. The applicant must ensure that the court is presented with comprehensive evidence of both financial dependence on the deceased and cohabitation.

Judges take a formal approach to assessing the degree of dependence of the person being supported on the deceased. Judicial practice is replete with cases where the decision was not made in favor of the plaintiff, since he received a pension from the state. At the same time, its size, human needs were not taken into account, and its expenses and other circumstances were not examined. Having a source of income in the form of a pension, disability benefit or annuity does not yet indicate a person’s financial independence.

An unsatisfactory court decision can be appealed to a higher authority.

Application to establish the fact of being a dependent

Such a statement must include the following points:

1. name and details of the district court to which the application is being submitted;
2. information about the applicant: last name, first name, patronymic, place of residence, you can additionally indicate a contact phone number and email address;
3. available information about interested parties. These most often include other dependents;
4. circumstances confirming the fact of being a dependent;
5. the purpose for which this fact is required to be established;
6. clearly state the request;
7. indicate the list of documents attached to the application and do not forget to attach them;
8. put the date of application and your signature.

The application may be signed by a representative, if he has the appropriate right. Documents can be sent to the court either in person or remotely - electronically or by mail. When sending documents electronically, you must have an electronic digital signature or a confirmed signature on the State Services website.

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How to prove the fact of being a dependent

Evidence of dependent status will be documents on the amount of income. Both persons, the dependent and the person who provided assistance. Documents (agreements, receipts) will be needed to confirm that financial support was the main source of livelihood for the dependent. In the absence of direct written evidence of the fact of being dependent or its insufficiency, dependency can be confirmed by testimony of witnesses.

How to register dependency for a disabled person?

In order to document the care of a disabled citizen, you must contact the pension fund authority that provides disability payments.

In the application, the citizen providing care indicates his passport details, place of residence, and the start date of care. A person in need of care due to a disability sends an application in which he expresses his consent to the provision of care by a specific person.

Appeals can be sent in person through the portal of the State website of the Pension Fund of Russia. The pension fund makes a decision within five days from the date of receipt of the package of documents, after which it will formalize the dependent status of the disabled person, refuse the application or request additional documents.

What the Supreme Court said

The fact that a member of his family is dependent on or receives significant assistance from a deceased breadwinner can be established, including in court, by determining the ratio between the amount of assistance provided by the deceased breadwinner and his own income, and such assistance can be recognized as a permanent and main source of funds to the existence of a family member of the deceased breadwinner.

That’s why at the beginning of the article we established the ratio of the income of each family member.

The income of each spouse, including from work, and the pensions they receive are the common property of the spouses, the right to which also belongs to the spouse who ran the household and cared for children during the marriage. The disposal of the spouses' common property is carried out by mutual consent.

The spouses were married, lived as one family, had common incomes, raised and supported their son, who is a disabled person of the 1st group, respectively, the expenses of each spouse were not limited only to the personal needs of each of them, in connection with this, the judgment of the courts was that that the difference in the income of the spouses does not confirm that the deceased, taking into account his own needs, has the opportunity to provide assistance to his wife, which was for her a constant and main source of livelihood, cannot be considered legitimate.

The courts had to find out both the amount of the total income of the spouses and the amount of expenses of the spouses for the maintenance of the entire family, including expenses for the child, payment of utility bills, renovation of living quarters, purchase of medicines, household appliances, clothing, furniture, etc. However, these circumstances, which are significant for the case, were not established by the courts. The courts did not take into account that the mere fact that Shilova’s pension exceeded the minimum subsistence level for a pensioner does not mean that help from a spouse was not the main source of livelihood for the Shilovs.

It’s so difficult and difficult that the Supreme Court canceled all judicial acts and sent the case for a new trial to the court of first instance.

How to register dependency on parents?

Dependency on parents who do not have disabilities can be granted when they reach retirement age. In this case, three points are important:

• reaching retirement age;
• parents must receive financial assistance regularly;
• the financial support provided should be their main source of income.

Thus, the main documents for registering dependency on parents will be information that the parents need material support and systematically receive it from their children. The Pension Fund is critical of recognizing pensioners as dependents, since they have their own source of income, therefore, it is often necessary to establish the fact of being a dependent in court.

ESTABLISHING THE FACT OF BEING A DEPENDENT (IN CASES OF INHERITANCE)

The procedure for inheritance by the testator's dependents is enshrined in Art. 1148 of the Civil Code of the Russian Federation. This article establishes that citizens who are considered heirs by law, who are disabled on the day of opening of the inheritance, but who are not included in the circle of heirs of the line called for inheritance, inherit by law together and equally with the heirs of this line, if not less than a year before death the testator were dependent on him. In this case, the fact of cohabitation with the testator does not matter. If a person is not included in the circle of heirs, but by the day the inheritance was opened he was incapacitated and at least a year before the death of the testator was dependent on him and lived with him, he is also recognized as an heir by law and inherits together and on an equal basis with the heirs of the order that called to inheritance. However, in the absence of other heirs by law, such a dependent inherits independently as an heir in the eighth order. Based on the logic of this article, the legislator divides dependents into two categories - relatives of the testator and persons not related to him by kinship or property.

We recommend reading: Claim for deprivation of parental rights

How to register a dependent for citizenship?

Foreign citizens who have a residence permit on the territory of the Russian Federation are required to annually notify the territorial body of the federal executive body in the field of migration in which the residence permit was received about their living conditions.

The notification must indicate the surname, first name, patronymic (if any), place of residence, work, period of residence outside the Russian Federation for the calendar year, as well as the amount of income for the year after receiving a residence permit. In case of being a dependent, a certificate of income of the person for whom the foreign citizen is dependent may be provided. It should be noted that the procedure for obtaining dependent status by a foreign citizen must comply with the general procedure established by Russian legislation.

In practice, migration authorities regularly refuse foreigners who are not dependent on their close relatives. Upon receipt of such a refusal, it is advisable to apply to the court to establish the fact of being a dependent.

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Dependent children are

Disabled citizens: “. disabled citizens - disabled people, including people with disabilities since childhood, disabled children, children under the age of 18, as well as over this age, studying full-time in educational institutions of all types and types, regardless of their organizational and legal form, including including in foreign educational institutions located outside the territory of the Russian Federation, if the referral for training was made in accordance with international treaties of the Russian Federation, with the exception of educational institutions of additional education, until they complete such training, but no longer than until they reach the age of 23 years, those who have lost one or both parents, and children of a deceased single mother, citizens from among the small peoples of the North who have reached the age of 55 and 50 years (men and women, respectively), citizens who have reached the age of 65 and 60 years (men and women, respectively), who do not have the right for a pension provided for by the Federal Law “On Labor Pensions in the Russian Federation”;. "

Experienced lawyers note that regardless of the wishes of the deceased, which he expressed in writing in the form of a will, persons whose dependency has been confirmed according to the law are guaranteed to receive half of the inheritance from the part that they would have received if they inherited by law ( according to Article 1149 of the Civil Code of the Russian Federation).

General information

Dependent

- a person who is on long-term or permanent material or monetary support from other persons.

In Russian law, a dependent is a disabled person, most often having a disability group. Temporarily unemployed able-bodied people are not dependents.

Among dependents, two types can be distinguished - dependents of the state (cooperative and public organizations) and dependents of individuals. The first type includes pensioners, scholarship recipients, and orphanage residents. And to the second, children living in the care of their parents, or, more generally, people living at the expense of other citizens.

Dependents have some rights in the area of ​​pensions, for example in the event of the loss of a breadwinner. In this case, the person who provides for dependents is exempt from part of the tax in an amount equal to the product of the minimum salary (tax-free) by the number of dependents.

Recognition of being a dependent in court

To do this, you will need to go to court and prove the fact of dependency , in other words, establish a legal fact. Let's imagine that you are the mother of three children, whose father did not enter into an official marriage (in simple words, cohabitants), but in the birth records of the children, the deceased was entered as the father. Because you are not married, you cannot receive a legal pension because you are not considered a dependent. Here's what you do:

• Draw up an application to establish the legal fact of being a dependent (write in it that you lived together, ran a joint household, and that the deceased supported you financially)
• Indicate witnesses who will confirm your arguments about being a dependent,
• Please attach to the application documents confirming your relationship: an extract from the house register (where you were registered together), photographs of them together, birth certificates of children, a work record book, a certificate of no income.
• You pay a state fee of 300 rubles at the bank.
• Attach the specified documents to the application and submit it to the court.
• At the trial, you tell everything as it is, interrogate witnesses, who may be your and his parents, friends, and other close relatives.
• After which the court will make a decision that will satisfy your requirements and establish the legal fact of being a dependent , subject to the actions described above.