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Analitic | Property abroad | Tips

15-02-2010

inheritance

Who has a right for inheritance?

Today the numerous questions of our readers are answered by the founder of the famous company “Aktiv Plus” S.V. Forest.

The right for a will is given to a natural person with full civil capacity. A full civil capacity is given to a natural person achieved 18 years – full age. In case of marriage registration of a natural person under 18, such person achieves full civil capacity since marriage registration. A will is made while a person is alive and is due to be carried out after his/her death. Heirs by will can be represented by a juridical person, a natural person, a country.

Making a will, a testator is entitled to appoint not only the heirs (one or more natural persons) regardless of family relationship. According to the law testator can disinherit any heir without any reason. Such heir, on condition of will existence at the opening will never receive the right for one’s share of inheritance. For example, a testator has three children and by his will left all his property to two of them it can be considered as ignoring the third one. And only if any other property, after these two children having received their shares, remains, then in this case the third one has a right to receive his share.

To avoid difficulties with heirs identification at the will opening (as it is impossible to clear up the details after testator’s death) it is essential to appoint heirs and state their addresses accurately. It gives the possibility to avoid needless problems with notary public. In case of any arguments concerning will between heirs they will be resolved in court.

A testator can make a will for a benefit of one or several persons. A right for the obligatory share of a heritage is given to testator’s underaged children, disabled children of age, disabled widow, widower, disabled parents. Disabled feeders, who live together with the testator have no right for the obligatory share of heritage.

According to one’s will the can be transferred in terms of property, and debts relating to this property.

Please notice that public notary has no right to insist on any variant of will formulation, he can only give a qualified advice on this question.

There are a lot of aspects and question on the topic left, which we will clear up in our next articles.

Sincerely yours,
Sergiy Volodimirovich Forest

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