Who will inherit the inheritance if there is no will? Nuances that are difficult to foresee in advance

Concept and general provisions of inheritance by law

In accordance with the provisions of the current Civil Code of the Russian Federation, inheritance by law is a procedure provided for by law, in which the inheritance itself occurs on the basis of current rules and regulations. The established procedure is applied in the event that the testator’s will is missing or has been declared invalid, as well as in cases where the heir indicated in the document refuses to enter into the inheritance.

The basic and main principles of inheritance by law are the presence of special queues, on the basis of which entry into inheritance rights is carried out. The legal heirs of the next orders will be able to receive property only if there are no previous applicants or they have given their voluntary refusal to enter into inheritance rights.

The concept of inheritance by law includes subjects and objects, each of which has great significance and its own essence. Subjects of hereditary relations are expressed in the form of individuals - heirs. The object is presented in the form of inanimate objects - property. This object can be expressed in the form of movable and immovable property. In addition, an object can represent monetary units, as well as certain rights and obligations. If the inheritance object is missing, the essence, definition, and meaning of the inheritance procedure is lost.

The relevance of the topic of inheritance by law will never decrease. This is due, first of all, to the fact that subjects constantly enter into hereditary relationships, in which a variety of conditions and nuances can be of great importance. Legal problems of inheritance by law are also important here, which are expressed in a variety of nuances.

Legal regulation of inheritance by law is carried out by notarial bodies, as well as courts of general jurisdiction.

Advantages and disadvantages

The developed system operated on the territory of Ancient Rus' for a long time. It was not perfect, but it had a number of significant advantages. These included:

1. The transfer of power was strict and did not allow compromises.
2. Within one generation there was a clear continuity.
3. The clan in power enjoyed special honor both among the common population and among the wealthy strata of society.
4. The preservation of the family was guaranteed even if the prince had no sons.
5. Thanks to the territorial principle of government, there was no threat of individual usurpation of power.

From a modern point of view, these were the beginnings of the country's federal structure.

Along with the positive aspects, there were also negative aspects. Among them the following provisions stood out:

1. Possibility of violation of ladder rights.
2. If one of the brothers did not have time to take the throne, then his sons were already deprived of this opportunity. They considered this situation unfair.
3. There was no end to internecine wars, which often led to the death of princes.
4. The constant relocation of the heirs in the event of the death of one of the princes was a great inconvenience.

The population often expressed dissatisfaction with the system. Some wanted to see a representative of a different kind. Because of this, riots arose, which were suppressed by physical force.

Rights and grounds for inheritance procedure by law

The grounds for further entry into inheritance appear only from the moment of death of the testator; it is from this moment that all established statutes of limitations begin to count. This fact gives rise to two legal grounds - inheritance by law and by will. In this case, the first option is always a priority, in accordance with the standards established by the legislation of the Russian Federation.

In order for legal grounds to arise and further entry into inheritance rights according to the law, certain facts must be present:

• the presence of a marital relationship with the deceased testator. Moreover, these relations must be formalized by law and confirmed by relevant documents;
• the presence of other family relationships with the deceased testator;
• the presence of the fact of being a dependent of the testator at the time of his death.

To confirm the existence of certain family relationships, only documentary evidence is taken into account - a birth certificate, an individual’s passport and other documents. No other arguments, such as witness testimony, will be taken into account here.

Inheritance rights by law most often belong to the closest relatives of the deceased testator.

Depending on the order of heirs, the relationship can be either immediate or more distant.

Refusal of the heir from his share

If one of the heirs renounces his share and does not indicate in whose favor the refusal (unconditional) was made, then the property shares of all other legal successors of the called-up order increase. The refusal can also be directed - it can directly indicate to whom the inheritance share of the refusal goes. At the same time, its recipient must be included in the circle of heirs - no matter what the queue is. Refusal of inheritance is made at the notary and is irrevocable - you cannot later change your mind and take your application back.

In what cases can you be left without an inheritance after the death of a parent?

The legislation provides for two grounds, in the presence of which relatives are deprived of the right to inherit.

• The testator himself disinherited one of them. This is stated in the will. Actually, its entire content can be reduced only to this indication.
• The heir is declared unworthy based on a court decision (sentence).

This entails unpleasant consequences for the children of the heirs; they are also deprived of the right to inherit by right of representation. For example, grandchildren cannot inherit from their grandmother if their parent is found unworthy. In this case, they can only receive her property through a will. To recognize an heir as unworthy, compelling reasons are needed.

• He committed an unlawful act (or even a crime) against the testator or other heirs in order to obtain property or increase his inheritance share.
• The claimant to the inheritance maliciously avoided fulfilling his responsibilities for the care and maintenance of his relative. For example, he did not pay his mother alimony ordered by the court.

To confirm the above facts, the notary must be presented with a court decision. Based on this document, he excludes the person from the circle of heirs. If the case of declaring an heir unworthy is considered in court, notarial actions are suspended.

Principles and functions of inheritance by law

The basic principles, provisions and meaning of inheritance by law are enshrined in the provisions of the Civil Code of the Russian Federation. The main principles include the following:

• inheritance by law itself, as a legal procedure, applies only if any conditions of inheritance were not changed by the testator in the will;
• the exhaustive circle of heirs who will inherit property by law and the share of this property are determined by the law itself and the current norms of the Civil Code of the Russian Federation;
• the law establishes a mandatory sequence, which is designed to regulate the procedure for entering into an inheritance, depending on the existing relationship of the candidates and the deceased testator;
• all heirs of one line have absolutely equal property shares and rights to this or that property;
• individuals recognized as disabled dependents of the testator inherit property without fail, regardless of the existing priority.

The legal procedure for entering into inheritance by law occupies a huge place in the modern institution of inheritance. Its main functions are to constantly regulate the order of inheritance and satisfy the interests of each of the heirs. These functions are protected by the current provisions of the Civil Code of the Russian Federation and other laws. The design, content, definition, relevance, general characteristics, as well as the meaning and essence of all functions are disclosed in the norms of the current legislation.

Do you need the help of an inheritance lawyer?

We will help you get the maximum amount of inherited property in the shortest possible time!

+7

Mandatory heirs

Determining your share of the inheritance is problematic for many

The main place among compulsory heirs is given to minors. They are always allocated a certain share of the property left by the testator. Since minors themselves cannot defend their interests, they are protected by the board of trustees.

This body controls the receipt of a share of the inheritance and its subsequent use. It is important to ensure that the minor’s share remains with him and does not fall under alienation by persons who care for the child, for example his parents or guardians. They also control the size of the share so that it does not decrease in an illegal way.

The share of the inheritance is administered by the persons guarding the children. Usually this is one of the parents, the legally appointed guardian. The child himself receives the right to dispose of property inherited at a certain age, and even then with the consent of his parents and guardians. The guardianship authorities control everything and monitor the interests of the children.

The list of compulsory heirs may include minor children, as well as other persons who were dependent on the deceased (parents, spouses, other persons). In order for such persons to be included in the list of compulsory heirs, they must meet 2 criteria:

1. disability;
2. permanent full dependence of the testator.

The procedure and conditions of inheritance by law

The current legal regulation of inheritance by law is based primarily on the principle of priority.

The legislation of the Russian Federation establishes that the children and spouse of the deceased person act as first-degree heirs. The second priority includes the grandparents and siblings of the deceased property owner. The third includes the testator's uncles and aunts, as well as cousins. The remaining 5 queues include various distant relatives - stepmothers, stepdaughters, etc.

The main conditions under which the legal inheritance procedure applies include:

• absence of a testamentary document left by the testator during his lifetime or recognition of this document as invalid;
• if a will exists, but it mentions only part of certain property;
• in the event that the heir, who was indicated in the testamentary document, died earlier than this inheritance was opened, or gave his voluntary refusal to receive the inherited property.

The basic rules, regulations and procedure for inheritance by law are specified in the norms of the Civil Code of the Russian Federation.

The opening of the inheritance occurs at the time of the death of the testator.

After opening, a mandatory procedure for entering into inheritance rights follows. To implement it, the heir must come to the notary and write a written application to enter into inheritance rights, providing appropriate justification. The further order and procedure will depend on many circumstances - the presence or absence of a will, the number of other heirs, etc.

Lecture notes on Law on the topic “Inheritance Law”.

Law Lesson 25

Inheritance law

1. The concept and essence of inheritance.

2. Basic rules of inheritance and the procedure for protecting inheritance rights.

3. Rules of inheritance based on a will. Will forms.

4. Inheritance by law.

1. The concept and essence of inheritance.

Inheritance is the transfer of property (the inheritance itself) and property rights directly from the deceased citizen (the testator itself) to the heirs. This institution of law plays a very important role in the transition through the procedure of legal succession not only of ownership of things, but also of copyrights, patents, etc. exclusive rights. In the current legislation of the Russian Federation and many foreign countries, much more attention is paid to inheritance law than was done before. So, according to Art. 35 of the Constitution of the Russian Federation - “The right of private property is protected by law, everyone has the right to own property, own, use and dispose of it, both individually and jointly with other persons. No one can be deprived of his property except by a court decision. Forced alienation of property for state needs can only be carried out subject to prior and equivalent compensation. The right of inheritance is guaranteed.”[1]

Thus, the right of inheritance in the Russian Federation (as in many foreign countries) is one of the constitutional rights of a citizen. Moreover, it means not only the right of a citizen to be called to inherit and his powers in the event of acceptance of an inheritance, but also the right of a citizen, within the limits established by law, to dispose of his property in the event of death. Inheritance is a relationship with economic content; in fact, it is one of the aspects of property rights. But at the same time, the category of property indicates ownership of the property at the present time, while the category of inheritance indicates its ownership in the future, after the death of the owner. Inheritance legal relations (or inheritance itself) mean the transfer of property and some personal non-property rights of a deceased person (testator) to other persons (heirs) on the basis and in the manner established by the current civil legislation.

Property and some personal non-property rights arising or arising from legal relations into which a person has placed himself do not cease with his death. They are transferred to a new person, and, as a rule, in the same volume and quality in which they arose or should have arisen from the deceased person. That is, the new person occupies a position in the legal relations of the deceased person that corresponds to the position of the deceased person, as if replacing him. In this case, all rights and obligations transferred to a new person are transferred, as a rule, simultaneously in full, in their entirety and inseparability, which in legal literature is considered general or universal succession.

Universal succession is one of the basic principles of inheritance law. In accordance with paragraph 1 of Art. 1110 of the Civil Code of the Russian Federation - upon inheritance, the property of the deceased (hereditary property) passes to other persons in the order of universal succession, that is, unchanged, as a single whole and at the same moment, unless otherwise follows from the rules established by Russian law. It means that:

- all rights and obligations belonging to the testator (deceased owner) are transferred to the heirs, excluding only those whose transfer by inheritance is not allowed by virtue of a direct indication of the law or the transfer of which is impossible due to their legal nature;

- in the order of hereditary succession, rights and obligations are transferred along with the methods of ensuring them and the underlying encumbrances;

— the transfer of the rights and obligations of the testator to the heirs who accepted the inheritance is carried out at the moment the heir performs actions aimed at accepting the inheritance; such an heir is considered to have accepted all the inherited property, no matter where it is located.

2. Basic rules of inheritance and protection order

inheritance rights.

By virtue of the direct instructions of the Constitution of the Russian Federation, the right of inheritance is guaranteed by law. Everyone has the right to go to court if their rights and freedoms are violated or obstacles are created to their implementation.

Inheritance law in the subjective sense is the ability of a specific subject of civil legal relations to inherit, that is, to accept rights and obligations from a deceased specific person. It should be noted that the independent nature of the protection of inheritance rights is not identical to the protection of property rights, since it includes not only the general methods listed in Art. 12 of the Civil Code of the Russian Federation (for example, compensation for moral damage in the event of disclosure of the secret of a will, Article 1123 of the Civil Code of the Russian Federation), but also special ones.

Another way to protect violated rights is for the heir to lose his right to inherit, that is, to recognize the heir as unworthy. According to Art. 1117 of the Civil Code of the Russian Federation, neither by law nor by will, those citizens who: deliberately unlawful actions directed against the testator; as well as any of his heirs, or against the implementation of the last will of the testator (expressed in the will), contributed or attempted to promote the calling of themselves or other persons to inherit, or contributed or attempted to facilitate an increase in the share of the inheritance due to them or other persons.

Also, persons who evaded the duties of maintaining the testator may be recognized as unworthy heirs, and this fact must be confirmed by a court verdict of conviction for malicious evasion of payment of funds for the maintenance of children or disabled parents, a court decision on liability for late payment of alimony, a certificate bailiffs about arrears of alimony, other evidence.

If the heir is recognized as unworthy, other heirs are included by the notary in the certificate of the right to inheritance or their share in the inheritance is increased.

The next special method is declaring the will invalid and applying the consequences of its invalidity.

Another special way to protect your right of inheritance is to refuse the creditor's claim from the heir. In the event that a creditor for a deliberately long time does not make demands on the heirs who have accepted the property to pay the debt, the court must refuse to satisfy the demands based on the latest abuse of right.

3. Rules of inheritance based on a will.

Will forms.

Inheritance by will is based on the principle of freedom of will, that is, on the right of the testator to bequeath his property to any person - an individual or legal entity, the state or municipality. As a result, it is crucial to establish the possible circle of heirs, incl. those to whom the right to submit applications for the issuance of protection documents for objects of industrial property, for the sale of licenses, and to receive license fees is transferred has the form of a will

Since a will is a unilateral transaction, it is considered completed if the testator has expressed his last will in the proper form. In this case, the will must be drawn up in writing, indicating the place and time of its preparation, signed by the testator in his own hand and notarized. At the same time, in real life, situations are not excluded when the testator is deprived of the opportunity to notarize, and sometimes even sign the will with his own hand. In these cases, they provide for forms of wills equivalent to those certified by a notary, as well as the procedure for signing the will by another person.

Thus, the wills of citizens undergoing treatment in hospitals, inpatient medical institutions or sanatoriums are equated to notarized wills; citizens sailing on sea vessels or on reconnaissance, Arctic and other expeditions, wills of military personnel and persons in prison. The wills of these and some other categories of citizens are equivalent to notarized wills if they are certified accordingly by the chief doctors of hospitals, ship captains, heads of expeditions, commanders of units or formations, heads of places of deprivation of liberty and some other officials.[1]

If the testator, due to any physical disability, illness or other reasons, cannot sign the will with his own hand, it, at his request, can be signed in the presence of a notary or other official by another citizen, indicating all the reasons why the testator was unable to sign the will with his own hand.

These are the general rules about the form of a will. It should be added that the testator has the right at any time to change or cancel the will he has made, or to draw up a new will. He also has the right to entrust the execution of the will to a person who is or is not even an heir under the will, indicating him in the will - such a person is called the executor of the will. The executor must give his consent by writing on the will itself or in a statement attached to the will.

When inheriting by will, the question of the right to an obligatory share in the inheritance is also of practical importance. From the above principle of freedom of will it follows that the testator can bequeath his property at his personal discretion to any subject of law. Moreover, the testator may, in his will, deprive the right of inheritance of one, several or even all legal heirs. However, in order not to put certain categories of persons who were associated with the testator during his life in a difficult financial situation, the legislation of the Russian Federation (and many foreign countries) provides for the right of these persons to a certain share of the inheritance. Typically, disabled and minor heirs of the first priority by law, as well as dependents of the deceased, have this right. All of them inherit, regardless of the contents of the will, at least two-thirds of the share that would be due to each of them if inherited by law, such a share is called a mandatory share. It is important to note that when determining the size of the obligatory share, the value of the property of the deceased testator, consisting of ordinary household furnishings and household items, is also taken into account.

4. Inheritance by law.

Inheritance according to the law is carried out in order of priority - the legislator provides for 8 lines of heirs, each of which inherits only if there are no representatives of the previous line or for some reason they are not called to inherit. These queues are formed according to degrees of kinship, determined by the number of births separating relatives. It is noteworthy that disabled heirs of the first stage, as well as disabled dependents, have the right to an obligatory share of the inheritance, regardless of the contents of the will. The general period for exercising the right to inheritance is 6 months from the date of its opening, however, depending on the basis of the inheritance, other special periods are provided. When they are released, conciliatory and judicial procedures for their restoration are provided. Within the period provided for acceptance of the inheritance, the successor may renounce it in writing, including in favor of another heir. Such a refusal can be due to anything, including reluctance to pay the notary fee, as well as payment of specific taxes - land, transport and personal property tax. persons

Each subsequent line is called upon to inherit only in the case where the successors of the previous line are absent, have not accepted the property, are deprived of such a right, have renounced it, etc. In this case, all persons representing a specific line of heirs (except for persons inheriting by right of representation) receive equal shares of the inherited property and property obligations of the deceased.

1. The heirs of the first priority by law are the children, spouse and parents of the testator, as well as the grandchildren and descendants of the testator by right of representation;

2. Heirs of the second stage are the full and half brothers and sisters of the testator, his grandparents on both the father’s and mother’s sides, as well as persons by right of representation;

3. Heirs of the third stage are full and half brothers and sisters of the testator’s parents (testator’s uncles and aunts);

 Heirs of subsequent queues

. According to Art. 1145 of the Civil Code, they are called upon in cases where there are no successors of previous orders of the highest degree of kinship. Subsequent queues include:

• to the fourth stage - great-grandparents;
• to the fifth stage - cousins, granddaughters, grandmothers, grandfathers;
• to the sixth stage - cousins, uncles and aunts;
• to the seventh stage - stepsons, stepdaughters, stepfather and stepmother;
• to the eighth stage - disabled dependents of the testator, provided that all previous stages are absent.

6

The procedure for registering inheritance by law

The current procedure for entering into an inheritance and opening it, the period and certain features of inheritance by law are indicated in Part 3 of the Civil Code of the Russian Federation. The contents of the estate may include a wide variety of property that belonged to the testator during his lifetime - both movable and immovable.

The first stage of inheritance by law is acceptance of the inheritance. After contacting a notary and presenting all the necessary documents, the heir must be issued a certificate of the right to inheritance, the design and content of which are regulated by law.

Documents include: the heir's passport, documentary evidence of his relationship with the testator, a written statement and a death certificate of the testator. If necessary, the notary may also request other documents to clarify certain facts, for example, a court ruling, statement of claim, general description, etc.

It should be remembered that the period for entering into inheritance is clearly regulated by current legislation. According to established standards, it is equal to a six-month period. This period begins to count from the moment of death of the testator. In cases where this deadline is missed for one reason or another, its restoration will be a rather complicated procedure. However, if there are compelling reasons, the statute of limitations may be reinstated.

The issued certificate of the right to inheritance is the main document of title for the further receipt of inheritance. After its receipt, this certificate will be the main document for registering inheritance rights to a particular property.

Icon "Ladder of John the Climacus"

There are several versions of this icon, the most famous of which is kept in the monastery of St. Catherine on the Sinai Peninsula. It depicts a staircase leading to heaven to Jesus Christ, along which monks, overcome by demons, climb. This is a capacious, allegorical depiction of the struggle of the human will with passions on the path to virtue. The steps of the ladder symbolize that spiritual perfection is not achieved immediately, but gradually, step by step.

In the book “The Ladder,” each of the steps means certain stages of self-improvement for believers, including the fight against worldly vanity, against vices, and overcoming obstacles in the ascetic life

The last steps of the ladder are especially important: after victories over temptations, it is time to master virtues, the three most important of which are faith, hope and love. Without them you cannot enter the Kingdom of God. The number of steps of the staircase – thirty – is also no coincidence. The figure refers us to the thirty years of self-improvement of Jesus Christ that preceded the beginning of his service to humanity. In the icon “The Ladder of St. John the Climacus” we see how trials await a person at every step of the path. Some people fall down the stairs at the very beginning, some go astray in the middle, and some give up almost at the very top. It is noteworthy that the angels are depicted on the sidelines, they are frozen in prayer and do not interfere in the course of events. Thus, the icon painter shows the viewer that the fight against demons (passions, temptations) is in the hands of the person himself, depending on his will. At the very top of the stairs is John himself, holding out a scroll with his composition to Jesus Christ. He walked this path.

There are several versions of the Ladder icon. In the versions of Russian icon painters, as a rule, there are more details. For example, paradise with saints and a temple are often depicted.

Mandatory share in inheritance by law

According to current norms, individual subjects during inheritance by law have the right to have a mandatory inheritance share. The obligatory share is a certain part of the inheritance that must go to the obligatory heir, regardless of what the contents of the will were, if any, as well as other factors. This share may contain a specific property object, or its essence will be expressed by a general characteristic.

In addition, the obligatory share also has such a characteristic as a minimum size. This share cannot be lower than the minimum specified by law. The obligatory share also cannot be reduced by the testator himself.

The obligatory share may belong to the following persons:

• minors or disabled children of the deceased
• disabled spouse or parents
• dependents.

Minor children may receive the property of the testator if they are natural children of the testator or adopted by him.

Dependents will receive a mandatory property share only if they were recognized as such before the death of the testator. At the same time, interested parties, in order to enter into inheritance rights, will need to provide appropriate evidence in order to justify their own claims.

If such a need arises, the obligatory share of each heir, after the opening of the inheritance, can be increased by the court if basic evidence for this is presented. In this case, the statement of claim must contain all the necessary documents that will ensure the acceptance of the claim. In addition, the limitation periods during which the claim is filed in court must also be observed. Based on the information received, the court makes a decision and issues an appropriate ruling.

Spousal share of inheritance

Particular attention should be paid to the situation when the deceased person was legally married.

When inheriting after the death of a wife to a husband (or vice versa), the surviving spouse has the right to allocate half of the jointly acquired property even before the division of the inheritance. It does not include what belonged personally to the deceased mother (father): property received under a gift agreement, acquired before marriage, inherited from parents. This does not deprive the widow (widower) of the right to receive her share of the inheritance after the death of her spouse without a will in the first place.

Example. The father's inheritance (without a will) includes a plot of land and a house, which he received after the death of his mother. Their cost is 2 million rubles. In addition, the apartment and car purchased during the marriage remained. Their prices are 6 million and 1.6 million rubles, respectively. The heirs include a wife and two children. The widow turned to the notary with an application to allocate her marital part and received a certificate for ½ share in the right to an apartment and a car. Thus, the estate included property in the amount of: 2 million rubles. + 3.8 million rub. The widow and two sons of the deceased received a share in the right to inherited property worth 1.9 million each.

Procedure for deprivation of inheritance rights

Under certain circumstances, an heir may be deprived of his right to inherit a particular property if there are compelling reasons and grounds for this, and there is evidence. Deprivation of the right to inheritance is carried out exclusively in court.

One of the most common reasons for deprivation occurs is the recognition of the heir as unworthy.

Unworthy subjects of inheritance can be divided into two groups:

• the first group includes persons who, through their illegal acts, encroached on the freedom or health of the testator during his lifetime. These persons could have committed various crimes against the life of the testator, against his freedom of expression, etc.;
• the second group includes persons who should be deprived of the right to inherit on the basis that a lawsuit has been filed against them. This includes subjects who in every possible way avoided maintaining the testator and performing other duties.

The heirs who own the obligatory share may also be deprived of it if there are substantial grounds and evidence for this. Deprivation of the right to inherit is based on the information contained in the statement of claim filed by the interested person.

Naturally, a positive judicial decision will be made only if the court considers the evidence presented to be indisputable. Otherwise, the person who filed the claim may receive a refusal to satisfy the submitted requirements.

In order for the deprivation to be carried out, the interested person may provide documentary evidence or testimony of witnesses. The deprivation made can always be challenged, but to do this you need to collect all the required evidence.

As legal practice shows, most often deprivation of the right to inherit occurs due to the failure of the heir to fulfill his own obligations to support the testator. Then it will be possible to challenge the deprivation if you present financial reports on the maintenance.

If it was possible to challenge the deprivation within the permissible limitation period, the heir’s rights to a particular hereditary object are immediately returned.

If this object has already been divided among other heirs, the latter will be obliged to compensate for this object and its value.

Is it true that this is the only Orthodox book about which the icon was written?

-Come on, nothing... Is it true that this is the only Orthodox book about which the icon was written?

- Is it true. Here it is, this icon. Look: a staircase from earth to heaven, at the foot - John Climacus stands in the pulpit, preaching, and little men are climbing the stairs. Some climb further, to Christ, with angels around them, others break down, fall, the blacks pick them up and drag them away...

from the Matrix to the Ladder

-Where do you think I’m on it?

- Oh!.. How should I know? You should feel this yourself.

- Well, yes... And you?

-Oh!... I don’t know, brother.

— By the way, to the question of the “manual.” Here, father, I think: this book is a monument of monastic literature. So? After all, it is for monks. But you and I are not monks. Do you know how many beginners tried to literally apply this book in life, nothing worked out for them, they only got damaged in their lives and completely gave up all work. Or did they leave the Church, disappointed?...

- And what?

- Nothing... It seems like a necessary book, important - but how can we, worldly people, read it? We are not hermits, do we not live in a medieval desert?

-How to read? But exactly – not as a “manual”. And reading is creative.

- How is that?

- And trying on what you read - not the letter, but the spirit, according to the word of the Gospel - to yourself, to the structure of your “I” and your life.

- For example?

Ant steps along the Staircase

Deadline for entering into inheritance rights and renunciation of these rights

In order for the time limits for entering into inheritance to be clearly defined, the legislation of the Russian Federation establishes a certain period during which the heir retains the right to claim this or that property. This period is equal to a 6-month period from the immediate date of death of the testator.

It is within these deadlines that the interested person must appear at the notary chamber, submit a written application, all the necessary documents and receive a certificate. In cases where the main deadlines, for some reason, were missed, the heir will receive a notarial refusal.

In cases where there is no death certificate and the heirs do not have any other information, the time limits for opening the inheritance will be set by the judicial authority. To open a court case, a statement of claim must be filed by an interested party - a relative of the deceased person or another person.

Current laws also provide for the opportunity to challenge missed deadlines for opening and entering into inheritance. To do this, the interested party must go to court and file a claim to restore these rights. The statement of claim must contain significant evidence of the fact that the person did not have the opportunity to contact the authorized body earlier during the opening of the inheritance and it was for this reason that the statute of limitations was missed.

In order to successfully challenge the missed deadlines, the plaintiff must prove that at the time of the opening of the inheritance, he, for example, was in military service or on a forced business trip. If it is possible to challenge the terms, the court issues an appropriate ruling and the right of inheritance is returned to the person. If it was not possible to challenge the pass, the court’s ruling will be negative.

In addition, after the opening of the inheritance, the heirs retain the right to voluntarily refuse to receive the inherited property. The statute of limitations during which a refusal can be made is also 6 months.

To complete the refusal, you must contact the notary chamber, providing the required documents, including the death certificate of the testator. Registration of the refusal is the personal desire of the heir; it cannot be challenged by other persons.

Prayers to St. John Climacus

Troparion to Saint John Climacus

With your tears you cultivated the barren desert, and you brought forth fruit from the depths with sighs of a hundred labors, and you were a lamp of the universe, shining miracles, John Our Father, pray to Christ God, that our souls may be saved.

Kontakion to Saint John Climacus

The ever-blooming fruits from your book, bringing teachings to wisdom, delight the hearts of those who listen with sobriety to the blessed: for there is a ladder of souls leading from the earth to the heavenly and abiding glory, who honor you by faith.

Inheritance procedure for minors and dependents

Inheritance by law can be carried out by minor citizens, as well as dependents. However, there are also some features of inheritance by law, including time limits. For example, if a child has not yet reached the age of 14, the acceptance and registration of an inheritance will occur with the mandatory participation of his parents or guardians, who will act on behalf of the child within the permissible statute of limitations.

If a citizen has already reached the age of 14, he has the right to participate in transactions, but only with the consent of his parents, guardian or other authorized person. Consent is a written statement, the content and execution of which is regulated by law.

Receipt of inheritance by dependents also occurs with the participation of a guardian or other person endowed with the appropriate rights. Inheritance by dependents presupposes that they have a mandatory inheritance share. For them, identical requirements are established as for other heirs - permissible deadlines for entering into an inheritance, a certificate of the right to inheritance, which must be issued by a notary, etc. The procedure for inheritance by dependents must also be carried out within the established 6-month period.

If there are any disputes with other heirs, representatives of dependents have the right to go to court. The claim is filed within the permissible limitation period. Its acceptance will depend on the correctness of the design of each section. The statement of claim must contain all the necessary points of each section, including special circumstances and additional admissions of interested parties. In addition, all types of inherited property must be indicated in a special section of the section. These types may include not only certain items, but also specific rights and responsibilities.

Refusal of ladder succession to the throne

Over time, the ladder succession to the throne began to weaken. It finally lost force in 1425, when Vasily II ascended the throne, overtaking Vasily I’s father’s brother, Yuri Dmitrievich. Over the course of a number of centuries, this division of law produced its results. However, it was constantly being violated. The result was regular internecine wars.

At the present time, such a principle of inheritance of power is not accepted in any state. Saudi Arabia remained the last country where it was in effect until 2021.

During the 4th week of Lent, a special saint is venerated, an icon with an image that is rarely seen in Orthodox churches around the world. This is John Climacus. The Sinai monk, who spent 40 years as a hermit and at the end of his life left a great spiritual work in the form of the book “Ladder of Paradise,” entered church history forever, and his image occupied a special place in icon painting.

Memorial Days:

• 12th of April
• fourth Sunday of Lent

In the middle of the 6th century, a 16-year-old boy named John came to the Sinai Monastery (currently the Monastery of St. Catherine on the Sinai Peninsula in Egypt). Having decided to devote himself to serving the Lord, he became a novice, and four years later he took monastic vows. Driven by spiritual quests, after 19 years he retired to a deserted place, where he spent forty years as a hermit in prayer and writing books. Towards the end of his life, a very old man, he was found by the monks of the Sinai Monastery and persuaded to return to the monastery as abbot. For four years, John headed the monastery and, at the request of the brethren, wrote a spiritual work, which he called “The Ladder of Paradise.” This summary of the monastic path, presented in simple and understandable language, became for many times one of the most important books for monks. Time passed, and the “Ladder,” copied by the monks, was more and more supplemented with illustrations, which eventually migrated into icon painting. This is how a completely unique icon “The Ladder of St. John the Climacus” appeared.

Legal action for legal inheritance

The peculiarities of inheritance by law suggest that this procedure can take place without the participation of a judicial authority. However, in practice, situations often occur when going to court becomes a necessary procedure. This may be needed in the following cases:

• if persons who are heirs have irresolvable disagreements;
• if basic documents are missing, for example a death certificate;
• if an unreasonable refusal was received from the notary, the statute of limitations was missed, new confessions of persons and other types of situations appeared.

The statement of claim is submitted by the interested party. The claim must have proper format and content. Its acceptance will also depend on whether all the necessary documents are attached to the application.

The statement of claim is filed at the place of residence of the defendant within the permissible limitation period. If jurisdiction is incorrectly determined, the claim may be rejected. If the claim was returned to the plaintiff, you should simply redirect it to the desired judicial department, where it will be accepted.

The contents of the claim must include:

• name of the court;
• general information about the plaintiff;
• description of the reasons for going to court;
• claim;
• additional terms and conditions, etc.

After the statement of claim and all documents are considered by the court, it makes a decision on its acceptance or gives its refusal and rejects the claim. When making this decision, the design and content of the claim and each of its sections will be of great importance. A refusal can always be challenged if there are general grounds for this.

The claim must also indicate other general provisions, special circumstances, the general essence and characteristics of which are important in this case. General types of claims and a sample of each section can be viewed in court.

Author of the article

Steps to heaven

- Well, look. The book, you say, is monastic. But here’s how Climacus depicts the sequence of steps leading to Heaven, whether for a monk or for any Christian:

• Renunciation of worldly life
• Impartiality (putting aside worries and sorrows about the world)
• Wandering (avoidance from the world)
• Obedience
• Repentance
• Memory of death
• Crying over one's sinfulness
• Meekness and freedom from anger
• Removal of memory malice
• Foul language
• Silence
• Truthfulness
• Lack of despondency and laziness
• Fight against gluttony
• Chastity
• The fight against the love of money
• Non-covetousness
• Overcoming obstacles in ascetic life
• Eradicating insensibility
• Little sleep, zeal for brotherly prayer
• Body vigil
• Lack of fear and strengthening in faith
• Eradicating Vanity
• Lack of pride
• Meekness, simplicity and gentleness
• Humility
• Lowering the Passions and Strengthening the Virtues
• Silence of soul and body
• Prayer
• Dispassion
• Faith, hope and love

Here, brother, choose any point, any step from this ladder, and, after thinking carefully, say: is it unnecessary in your life? Can you live without her? Do you need it, without it - can you be with Christ and love your neighbors? Can you be yourself, that is, a human being, a child of God? Climacus writes about this: “God is the life and salvation of all those gifted with free will, the faithful and the unfaithful, the righteous and the unrighteous, the pious and the wicked, the dispassionate and the passionate, the monks and the worldly, the wise and the simple, the healthy and the weak, the young and elderly; since everyone without exception takes advantage of the outpouring of light, the radiance of the sun and the changes in the air; “There is no partiality with God” (Rom. 2:11).”