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Publication date: 29.05.2024
Legal Regulation of Inheritance and Wills
Inheritance
Inheritance is an important component of civil law that regulates the transfer of property, rights and obligations of a deceased person (testator) to other persons (heirs). A will is one of the main instruments allowing the testator to dispose of his property after his death. In this article we will consider the main legal aspects of inheritance and wills, as well as the procedure for their execution and realization.
Basic Concepts
Inheritance
Inheritance is the process of transferring rights and obligations from a deceased person to his heirs. Inheritance law regulates the procedure and conditions of inheritance, determines the circle of heirs and their rights.
Will
A will is a unilateral transaction by which an individual disposes of his or her property on death. A will does not take effect until after the death of the testator.
Types of Inheritance
Inheritance by Will
Inheritance by will is carried out on the basis of the testator's will expressed in a will. A will allows the testator to independently determine the circle of heirs and distribute his property among them.
Inheritance by law
Inheritance by law is carried out in the absence of a will or its invalidation. In this case, the heirs are determined according to the order of succession established by law.
Making a Will
Requirements for a Will
A will must be in writing and signed by the testator. In some cases, the law requires that the will be notarized. Basic requirements for a will include:
Transparency and clarity: A will must be drafted in a clear and understandable manner.
Non-coercion: The will must be made voluntarily, without the use of physical or psychological pressure.
Legal capacity of the testator: The testator must be of legal age and capacity at the time of making the will.
Notarization
A will can be notarized, which gives it additional legal force. The notary verifies the identity of the testator, his or her legal capacity and whether the will complies with the law.
Special Types of Wills
There are special types of wills that may be made under special conditions, such as during hostilities, imprisonment or on board a ship. Such wills have a special procedure of registration and certification. You may be interested in the following articles: lawyer consultation, lawyer consultation, analysis of documents, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, lawyer help online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online.
Entry into the inheritance
Acceptance of inheritance
To accept the inheritance, the heir must submit an application for acceptance of the inheritance to the notary at the place of opening of the inheritance within six months from the date of death of the testator.
Refusal of inheritance
An heir has the right to refuse to accept an inheritance. The renunciation of inheritance is carried out by submitting a corresponding application to the notary.
Registration of Inheritance Rights
A notary issues a certificate of inheritance rights, which confirms the rights of heirs to the received property. The certificate is the basis for registration of rights to real estate and other valuables.
