Inheritance by law and by will. The procedure for accepting an inheritance, the order of heirs, timing

Inheritance. Definition of the concept

Inheritance is the transfer of the property of the deceased (testator) to his heirs. There is a distinction between inheritance by law (when the law specifies the persons who are heirs and the order in which they are called to inherit) and by will. Inheritance by law usually takes place in the absence of a will (Big Encyclopedic Dictionary. 2012).

Inheritance is the transfer of the rights and obligations of the deceased (testator) to his heirs. By way of inheritance, ownership rights, as well as other property rights and obligations, which constitute the content of obligatory, copyright and inventive legal relations, are transferred mainly. In cases specified in the law, certain non-property rights are transferred to the heirs. Rights and obligations associated solely with the personality of the testator are not inherited. Inheritance occurs by force of law or will. If there is no will or cannot be implemented (recognized as invalid, the heirs listed in it refused the inheritance, etc.), inheritance occurs according to law, i.e. persons specified in the law are called upon to inherit (Dictionary of Financial Terms. 2012).

Inheritance is the transfer after the death of a citizen of property belonging to him by right of private ownership in the order of universal legal succession, i.e. unchanged as a single whole and at the same moment, unless otherwise provided by the Civil Code of the Russian Federation, to one or more persons (Article 1110 of the Civil Code of the Russian Federation).

Article 1110 of the Civil Code of the Russian Federation establishes that upon inheritance, the property of the deceased (inheritance, hereditary property) passes to other persons in the order of universal succession, i.e. unchanged as a single whole and at the same moment, unless otherwise follows from the rules of the Civil Code of the Russian Federation.

The principle of universality of hereditary succession is as follows:

the heir replaces the testator in all legal relations in which the testator participated (except for those that are strictly personal in nature). The entire complex of rights, obligations, things passes to the heir as a single whole in an unchanged form, in the condition, volume, size and form in which this inheritance existed on the day of its opening (exception - singular succession, in the case of transfer of part of the property or separate right to other persons in case of testamentary refusal and testamentary assignment).
universal succession consists in the fact that it occurs at the same moment, i.e. the entire complex of rights and obligations of the deceased passes to the heirs at the same time. That is, the inheritance is considered to belong to the heirs from the date of opening of the inheritance. If several heirs accepted the inheritance at different times, then it is considered that the transfer of the property of the deceased heir took place at the same moment.

Transfer of inheritance to the state

Inherited property passes to the state by right of inheritance:

if the property is bequeathed to the state;
if the testator has no heirs either by law or by will;
if all heirs are deprived of the right of inheritance by the testator;
if none of the heirs accepted the inheritance.

If one of the heirs refuses the inheritance in favor of the state, then the share of the inherited property due to this heir passes to the state.

If, in the absence of heirs, only part of the property is bequeathed by law, the rest goes to the state.

Not only property, but also debt obligations are transferred to the state.

Grounds of inheritance: by will, by law and by contract

According to the legislation, before June 1, 2021, there were two types (grounds) of inheritance:

inheritance by will;
inheritance by law.

From June 1, 2021, changes were made to part three of the Civil Code of the Russian Federation, a contractual structure enshrined in Art. 1140.1 of the Civil Code of the Russian Federation “Inheritance agreement”. In accordance with clause 1 of Article 1140.1 of the Civil Code of the Russian Federation, “the testator has the right to conclude with any of the persons who may be called upon to inherit (Article 1116), an agreement, the terms of which determine the procedure for the transfer of rights to the property of the testator after his death to these persons or to third parties (inheritance agreement)."

Thus, currently there are three types (bases) of inheritance:

inheritance by will;
inheritance by law;
inheritance by contract.

1) Inheritance by will is carried out in cases where the testator clearly expressed his will by disposing of his property in the event of his death.

To inherit by will, a set of legal facts provided by law is required:

the presence of a properly executed will;
opening of inheritance (death of the testator);
consent of the heirs to accept the inheritance (application to a notary or actual acceptance).

In accordance with Article 1111 of the Civil Code of the Russian Federation, inheritance by law takes place in cases when and insofar as it is not changed by a will, as well as in other cases established by the Civil Code.

2) Inheritance by law occurs when:

the testator did not make a will (or the will was declared invalid by the court);
the testator bequeathed only part of the inheritance or the will in a certain part was declared invalid. Then the part of the inheritance not covered by the will, as well as that part of the property in respect of which the testamentary disposition turned out to be invalid, are inherited by law;
the heir under the will died before the testator or if the heir under the will - a legal entity - was liquidated;
the heir under the will refused the inheritance or did not accept it;
the heir under the will was found unworthy.

For inheritance, the law requires the following set of legal facts:

the person called to inherit is included in the circle of heirs by law;
opening of inheritance (death of the testator);
consent of the heirs to accept the inheritance (application to a notary or actual acceptance).

3) inheritance by agreement is carried out when an inheritance agreement (inheritance agreement) is concluded between the testator and the heir in the prescribed manner and in the established form, the subject of which is property rights that pass to the heir after the death of the testator. See in more detail the article “Inheritance agreement under the Civil Code of the Russian Federation. Terms of the contract, modification, termination and renunciation of the inheritance contract.”

Escheat

Article 1151 of the Civil Code of the Russian Federation distinguishes as a separate type such type of inheritance as inheritance of escheated property. We are talking about the inheritance of property by the state, a subject of the Federation, state and municipal entities in cases where there are no heirs either by law or by will.

Results

ATTENTION! By law, grandchildren are not direct heirs in the first place. Therefore, they can receive an inheritance only by the direct will of the testator (testament), or subject to certain conditions regulated by the civil legislation of the Russian Federation.

So, the simplest and most common way to receive an inheritance after grandparents is to become the subject of their will.
In second place after a will is inheritance by representation. Grandchildren receive inheritance instead of their parents (legal heirs of the first stage), if they died before their parents.
Inheritance by transmission occurs much less frequently. First of all, because, fortunately, two deaths in the same family within a few months of each other are not the norm.
Difficulties most often arise when proving the right to a mandatory dependent share. The easiest way is when we are talking about a minor child and guardianship by a grandparent is formalized. It is usually quite difficult for adult disabled grandchildren to prove the fact that they are dependent on their grandparents.

If you still have questions on this topic, the experienced lawyers of the Prav.io portal will be happy to help you resolve them.

Inheritance (composition of inheritance, inheritance mass)

The composition of property transferred by inheritance from the testator to other persons (heirs) is traditionally called hereditary property, inheritance mass, inheritance.

In accordance with Article 1112 of the Civil Code of the Russian Federation, the inheritance includes property belonging to the testator on the day the inheritance was opened, in particular:

things, including money and securities (Article 128 of the Civil Code of the Russian Federation);
property rights (including rights arising from contracts concluded by the testator, unless otherwise provided by law or contract; exclusive rights to the results of intellectual activity or to means of individualization; rights to receive sums of money awarded to the testator, but not received by him);
property obligations, including debts within the value of the inherited property transferred to the heirs (clause 1 of Article 1175 of the Civil Code of the Russian Federation).

By inheritance, it is impossible to transfer rights and obligations that are inextricably linked with the personality of the testator, for example, the right to receive alimony, the right to compensation for harm caused to the life or health of a citizen (paragraph 2 of Article 1112 of the Civil Code).

Debts of the testator . If the testator had obligations, for example, to compensate for losses or pay a penalty, then in the event of his death they pass to the heirs (with the exception of personal obligations).

Place and time of opening of inheritance

In accordance with Article 1113 of the Civil Code of the Russian Federation, inheritance legal relations arise with the opening of an inheritance, that is, from the moment of the death of the testator. In terms of its legal consequences, a court declaring a citizen dead is equivalent to death (Article 45 of the Civil Code of the Russian Federation).

Time to open inheritance . The time for opening an inheritance is currently the moment of death, and not the day of death, as was the case in the previous edition of Article 1114 of the Civil Code of the Russian Federation.

When a citizen is declared dead, the day of opening of the inheritance is the day the court decision to declare the citizen dead comes into force, and in the case when, in accordance with paragraph 3 of Article 45 of the Civil Code of the Russian Federation, the day of the citizen’s death is recognized as the day of his expected death, the day and moment of death indicated in the court decision.

Place of opening of inheritance . As follows from Article 1115 of the Civil Code of the Russian Federation, as a general rule, the place of opening of an inheritance is the last place of residence of the testator.

In accordance with Art. 20 of the Civil Code of the Russian Federation, the place of residence is recognized as the place where the citizen permanently or primarily resides; The place of residence of minors under 14 years of age or citizens under guardianship is the place of residence of their legal representatives - parents, adoptive parents or guardians.

In cases where the place of residence of the testator is unknown, including cases of registration of the testator only at the place of residence, the place of opening of the inheritance is the location of the inherited property, determined according to the rules of Part 2 of Article 1115 of the Civil Code of the Russian Federation.

Section 2 of the Methodological Recommendations for Registration of Inheritance Rights, approved by the decision of the Federal Notary Chamber dated March 25, 2019, Protocol No. 03/19, is devoted to determining in an indisputable manner the place of opening an inheritance.

Persons who may be called upon to inherit

An heir is a person to whom the rights and obligations of the testator are transferred as a result of hereditary succession.

Citizens who are alive at the time of the opening of the inheritance, as well as those conceived during the life of the testator and born alive after the opening of the inheritance (Article 1116 of the Civil Code of the Russian Federation) can be called upon to inherit. Moreover, the term “citizens” includes not only citizens of Russia, but also foreign citizens, as well as stateless persons. Legal entities cannot be heirs by law.

Heirs under a will can also be legal entities.

In paragraph 15 of the Methodological Recommendations, approved. The decision of the FNP Board dated July 1-02, 2004 stated that the testator has the right to bequeath his property (clause 2 of Article 1116, clause 1 of Article 1119 of the Civil Code of the Russian Federation):

heirs at law;
persons who are not heirs by law;
citizens of the Russian Federation, foreign citizens, stateless persons;
legal entities, including foreign ones;
Russian Federation, constituent entities of the Russian Federation, municipalities;
foreign countries;
international organizations

The Russian Federation, constituent entities of the Russian Federation, municipalities, foreign states and international organizations may be called upon to inherit by will, and the Russian Federation, constituent entities of the Russian Federation, and municipalities may be called upon to inherit by law in accordance with Article 1151 of the Civil Code of the Russian Federation.

Who are considered disabled dependents of the testator?

While protecting the rights of disabled categories of persons, the legislator took into account the list of compulsory heirs. It reflects children of the deceased who are not adults, as well as persons with disabilities and persons of retirement age. Each of the above persons refers to the disabled dependents of the testator.

Even if there is a will, but it does not reflect the transfer of property to such citizens, the above-mentioned persons still receive their obligatory share.

Attention! In such a situation, the share is determined either by law or by the court.

For example: citizen S. drew up a testamentary document, according to which he inherits his 5,000,000 to his cousin Yulia. The man was divorced. In this marriage he had a son, who is a minor. In other words, the obligatory heir has the right to receive his 2.5 million rubles. Thus, according to the will, the niece will receive only half of the prescribed amount.

Unworthy heirs

Unworthy heirs are persons who do not have the right to inherit. The circle of these persons is defined in Article 1117 of the Civil Code of the Russian Federation, in particular, persons who, by their deliberate unlawful actions directed against the testator, any of the heirs or against the implementation of the last will of the testator, expressed in will, contributed or attempted to promote an increase in the share of the inheritance due to them or other persons, if these circumstances are confirmed in court. Thus, to recognize someone as an unworthy heir, one attempt at the above actions is sufficient.

Paragraph 19 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in inheritance cases” contains clarifications of some issues relating to the recognition of a citizen as an unworthy heir and his removal from inheritance.

How do heirs of the first stage enter into inheritance?

The order of inheritance by law is determined by the degree of relationship. The degree of relationship is established on the basis of legal documents. The heirs of the first stage are close relatives of the testator - children, spouse, parents.

Children

Children of the deceased who have the right to a share in the inheritance:

half-blooded:

registered at birth;
paternity has been established in court;

adopted/adopted;
born after the death of the testator.

Spouse

A spouse who is legally married to the testator, regardless of the fact of cohabitation, upon opening the inheritance receives:

property not included in the inheritance mass:

personal belongings (excluding luxury items);
property received before marriage (purchased, inherited, received as a gift).

share in jointly acquired property

Property that does not belong to the surviving spouse is divided among the heirs.

If one of the spouses died during the divorce process and documents on the termination of the marriage are not ready, the surviving spouse will be among the first-priority heirs.

Civil marriage and church marriage are not grounds for inheritance. In this relationship, the surviving spouse is entitled only to his or her personal property.

Can a wife claim her husband’s inheritance: during a divorce, after his death?

Parents of the testator

The blood parents or adoptive parents of the deceased are the heirs of the first turn and each receives their share of the inheritance. The surviving parent receives his share of the inheritance, and part of the share of the deceased parent on an equal basis with other first-degree heirs.

If parents have been deprived of parental rights, they cannot claim part of the inheritance.

Inheritance by law. Order of succession

Inheritance by law is inheritance on the terms and in the manner specified in the law and not changed by the testator in the will. Inheritance by law is the second basis of inheritance in cases where there is no will or it is void, etc.

Heirs by law are called upon to inherit in the order of priority provided for in Articles 1142 - 1145 and 1148 of this Code (Article 1141 of the Civil Code of the Russian Federation). The Code provides for 8 lines of inheritance:

Heirs of the first stage are the children, spouse and parents of the testator (as well as the grandchildren of the testator and their descendants by right of representation);
Heirs of the second stage are the testator's brothers and sisters (full and half-blood), his grandparents on both the father's and mother's sides (as well as the testator's nephews and nieces by right of representation);
Heirs of the third stage - uncles and aunts of the testator (as well as cousins of the testator by right of representation);
The heirs of the fourth stage are the great-grandparents of the testator;
The heirs of the fifth line are cousins and granddaughters, great-uncles and grandmothers;
Heirs of the sixth stage are cousins, great-grandsons and great-granddaughters, cousins, nephews and nieces, cousins, uncles and aunts;
Heirs of the seventh stage - stepsons, stepdaughters, stepfather and stepmother of the testator;
Heirs of the eighth stage are disabled dependents of the testator (Article 1148 of the Civil Code of the Russian Federation).

The heirs of each subsequent order inherit if there are no heirs of previous orders, that is, if there are no heirs of previous orders, or none of them has the right to inherit, or all of them are excluded from inheritance (Article 1117), or are deprived of inheritance (clause 1 of Article 1119), either none of them accepted the inheritance, or all of them renounced the inheritance.

For example, after death the testator did not leave a will. At the time of his death, the deceased had no children, spouse or parents, that is, heirs of the first stage, but there is a brother who will be called upon in this case to inherit by law as an heir of the second stage.

Size of shares within one inheritance queue

Heirs of the same line inherit in equal shares, with the exception of heirs inheriting by right of representation. If there are several such heirs, they divide the share due by law into as many parts as there are heirs by right of representation. For example, a grandfather had a son and a daughter. My daughter died. The daughter left three children. After the death of the grandfather, the inheritance will be accepted by law by the son - 1/2 share, and three grandchildren (daughter's children) by right of representation, 1/6 to each grandson.

! Advice from a lawyer . It is worth considering that each heir can wisely use his share of the inheritance. For example, why does a 2-year-old child need 1/6th share of a car made in 2001? You can agree on which heir gets what.

! More advice from a lawyer. The surviving spouse can and must allocate a marital share from the common property acquired during the marriage. She should not be included in the estate. If during marriage you bought property with money that one of the spouses received when selling their property received before marriage (for example, an apartment was donated or inherited), you can prove these circumstances in court and accept a share greater than 1/2, allotted under the Family Code. code.

Acceptance of inheritance. Procedure

A person who has the right to accept an inheritance (right of inheritance) can choose one of three options:

accept the inheritance (exercise the right belonging to him);
refuse the inheritance (refuse the specified right) (Articles 1157 - 1159 of the Civil Code of the Russian Federation);
not accept the inheritance (do nothing).

To acquire an inheritance, the heir must accept it (Article 1152 of the Civil Code of the Russian Federation). In this case, the following legal requirements should be taken into account:

The heir must be fully capable . For minors, citizens declared incompetent, the acceptance of inheritance is carried out by their legal representatives (Article 26, , 30 of the Civil Code of the Russian Federation).
Acceptance of an inheritance is a unilateral transaction ; no one’s permission or consent is required to complete it.
An accepted inheritance is recognized as belonging to the heir from the date of opening of the inheritance, regardless of the time of its actual acceptance or the moment of state registration of the heir's right to the inherited property; at the same time, the heir, having received a certificate of the right to inheritance, is not limited by any time limits for state registration of the acquired right of ownership of real estate.
Acceptance of inheritance under conditions or with reservations is not allowed . For example, it is impossible to accept an inheritance on the condition that when the inherited property is divided, one of several heirs will receive certain property of the testator. You cannot accept an inheritance provided you reserve the right to subsequently refuse the inheritance. You cannot accept an inheritance under the condition that other heirs refuse the inheritance, etc. You cannot accept part of the inheritance by refusing other inherited property.
The act of accepting an inheritance applies to the entire inheritance , no matter what it is expressed in and no matter who has it. Acceptance by the heir of a part of the inheritance means acceptance of the entire inheritance due to him, no matter what it is and no matter where it is located. Moreover, the heir, accepting part of the inheritance, may not know about the existence of other property, but it will also be considered accepted by the heir.
The will to accept the inheritance must be formulated freely (without violence, threats, etc.). Otherwise, the transaction may be declared invalid (Article 179 of the Civil Code of the Russian Federation). A transaction to accept an inheritance made under the influence of a mistake can also be declared invalid (Article 178 of the Civil Code of the Russian Federation).
Acceptance of an inheritance by one or more heirs does not mean acceptance of the inheritance by the remaining heirs.

Section 5 of the Methodological Recommendations for Registration of Inheritance Rights, approved by the decision of the Federal Notary Chamber dated March 25, 2019, Protocol No. 03/19, is devoted to issues of accepting an inheritance.

Legal advice

Inheritance under the law is a complex and controversial topic. At the stage of division, disputes often arise regarding the allocation of marital parts, contradictions between natural and adopted children, and other irreconcilable differences. It is very difficult to defend your rights alone. In order not to lose to more “prepared” relatives and to achieve justice during division, contact the lawyers of the portal https://ros-nasledstvo.ru/ for a free consultation

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Methods of accepting an inheritance (submitting an application to a notary and actually accepting the inheritance)

There are two ways to accept an inheritance in accordance with paragraph 1 of Article 1153 of the Civil Code of the Russian Federation.

Methods of accepting an inheritance are traditionally divided into formal and actual. The formal method means the heir’s application to the notary, and the actual method means the performance of actions indicating the presence of the heir’s will to accept the inheritance.

Acceptance of inheritance by submitting an application to a notary . When formally accepting an inheritance, the person who has the right to acquire the inheritance submits an application to a notary or other official authorized to issue certificates of the right to inheritance. Can be submitted:

application of the heir to accept the inheritance;
application of the heir for the issuance of a certificate of inheritance.

The filing of both applications gives rise to the same legal effect - the inheritance is recognized as accepted, since in both cases the will of the heir to become the legal successor of the testator is expressed.

If an application for acceptance of the inheritance is submitted, then the inheritance is considered accepted, but in order to obtain a certificate of the right to inheritance, a separate (independent) application must be submitted.

Actual acceptance of inheritance. In accordance with paragraph 2 of Article 1153 of the Civil Code of the Russian Federation, it is recognized, until otherwise proven, that the heir accepted the inheritance if he performed actions indicating the actual acceptance of the inheritance, in particular if the heir:

took possession or management of inherited property;
took measures to preserve the inherited property, protect it from encroachments or claims of third parties;
made at his own expense expenses for the maintenance of the inherited property;
paid at his own expense the debts of the testator or received funds due to the testator from third parties.

As stated in paragraph 36 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 N 9, the commission by the heir of actions indicating the actual acceptance of the inheritance should be understood as the commission of actions provided for in paragraph 2 of Article 1153 of the Civil Code of the Russian Federation, as well as other actions to manage, dispose and use of inherited property, maintaining it in proper condition, in which the heir’s attitude towards the inheritance as his own property is manifested.

Such actions, in particular, may include:

moving the heir into the residential premises belonging to the testator or living in it on the day of opening of the inheritance (including without registering the heir at the place of residence or place of stay),
processing of the land plot by the heir,
filing an application to court to protect your inheritance rights,
requesting an inventory of the testator's property,
payment of utilities, insurance payments,
reimbursement from the estate of expenses provided for in Article 1174 of the Civil Code of the Russian Federation,
other actions related to the ownership, use and disposal of inherited property.

Moreover, such actions can be performed both by the heir himself and by other persons on his behalf. These actions must be completed within the period for accepting the inheritance established by Article 1154 of the Civil Code of the Russian Federation.

In order to confirm the actual acceptance of the inheritance by the heir, in particular, a certificate of residence with the testator, a receipt for payment of tax, payment for living quarters and utilities, a savings book in the name of the testator, a passport of a vehicle that belonged to the testator, an agreement can be presented contracts for repair work and similar documents.

Samples of applications to the court:

Application to the court to establish the fact of acceptance of the inheritance. Sample
Application to establish the fact of acceptance of inheritance
Application for establishing the fact of acceptance of inheritance by a grandson by right of representation

Acceptance of inheritance by the hereditary fund . In accordance with paragraph 3 of Article 1153 of the Civil Code of the Russian Federation, the acceptance of an inheritance by the hereditary fund is carried out in the manner prescribed by paragraph two of paragraph 3 of Article 123.20-1 of this Code.

Protection of the rights of minor heirs

N.V. ROSTOVTSEVA

Rostovtseva Natalya Vladimirovna, Associate Professor of the Department of Civil Law of the National Research University Higher School of Economics, Candidate of Legal Sciences, Associate Professor.

The article discusses special provisions of the Civil Code of the Russian Federation aimed at protecting the rights of minor heirs; the practice of their application is analyzed and problems of interpretation of individual norms are identified.

Key words: minors, inheritance, obligatory share in the inheritance, guardianship and trusteeship authorities.

Protection of rights of juvenile heirs

NV Rostovtseva

Rostovtseva Natalya V., assistant professor, Chair of Civil Law, National Research University "Higher School of Economics", candidate of juridical services, assistant professor.

The article deals with the special provisions of the Civil Code of the Russian Federation aimed at safeguarding the rights of the minor heirs; the practice of their application and identifies the problems of interpretation of certain provisions.

Key words: minors, inheritance, compulsory portion in inheritance, bodies of trusteeship and guardianship.

Minor citizens can be heirs, i.e. persons to whom the property of a particular citizen directly passes through the procedure of hereditary succession. Incomplete legal capacity of minors or lack of legal capacity (in persons under six years of age) does not affect the right of the minor to be an heir. The necessary legal actions to accept the inheritance are carried out by his legal representatives.

On the one hand, minors are subject to the general norms of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), provided for any heirs. For example, when inheriting by law, minors can potentially be heirs of various orders. In this case, it is not the age of the child that matters, but the fact of his origin from his parents. Thus, the children of the testator (regardless of age) are heirs of the first stage

along with the spouse and parents of the testator (clause 1 of Article 1142 of the Civil Code of the Russian Federation).
Minors can be heirs of the second stage
, inheriting as brothers and sisters of the testator, if there are no heirs of the first stage (clause 1 of Article 1143 of the Civil Code of the Russian Federation).
Cousins and granddaughters can inherit in fifth place
(along with great-uncles and grandmothers) (paragraph 3, paragraph 2, article 1145 of the Civil Code of the Russian Federation).
Great-great-grandsons and great-granddaughters, cousins, nephews and nieces inherit in sixth place
(along with cousins and aunts) (paragraph 4, paragraph 2, article 1145 of the Civil Code of the Russian Federation).
Minors, even those not related by blood to the testator, can inherit in seventh place
as stepsons and stepdaughters of the testator (clause 3 of Article 1145 of the Civil Code of the Russian Federation). Minors, like other persons, have the right to inherit under a will.

On the other hand, in relation to minors, the law establishes special provisions

aimed at protecting their rights. It is these provisions that will be the subject of analysis in this article.

In accordance with paragraph. 1 clause 1 art. 1116 of the Civil Code of the Russian Federation, citizens who were conceived during the life of the testator and born alive after the opening of the inheritance can be called upon to inherit. Moreover, if the previous legislation allowed as legal heirs only the children of the testator born after his death (Article 530 of the Civil Code of the RSFSR of 1964), then according to the current Civil Code of the Russian Federation not only children, but also other relatives conceived during the life of the testator and those born alive after the opening of the inheritance. An additional guarantee of protection of the rights of the future heir is also the provision of Art. 1166 of the Civil Code of the Russian Federation, which establishes that if there is a conceived but not yet born heir, the division of the inheritance can be carried out only after the birth of such an heir.

According to Art. 1148 of the Civil Code of the Russian Federation, minor citizens who have been dependent on the testator for at least a year can inherit as disabled dependents

the testator in accordance with the so-called sliding (floating) order of inheritance by law, i.e. they inherit together and on an equal basis with the heirs of the line called for inheritance, and, therefore, have the right to count on an equal share of the inherited property with other heirs. Minor citizens are recognized as disabled in accordance with subparagraph. “a” clause 31 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 29, 2012 No. 9 “On judicial practice in inheritance cases” <1>. At the same time sub. “b”, paragraph 31 of the said Resolution explains that a citizen is considered disabled if the day of his or her coming of age coincides with the day of opening of the inheritance or is determined by a later calendar date.

———————————

<1> See: Bulletin of the Supreme Court of the Russian Federation. 2012. N 7.

If minors are among the heirs from the second to the seventh priority inclusive, then to call them in the order of the sliding order of inheritance, the fact that they have been dependent on the testator for at least a year is sufficient (clause 1 of Article 1148 of the Civil Code of the Russian Federation). If minors are not included in the circle of heirs from the first to the seventh priority, then in addition to the condition of dependency, it is required that they live with him for at least a year before the death of the testator (clause 2 of Article 1148 of the Civil Code of the Russian Federation). For example, if after the death of the testator there remained a spouse, a daughter (heirs of the first stage) and a minor stepson (the spouse’s child not adopted by the testator), who was a dependent, then in the absence of a will, all three will be called upon to inherit by law in equal shares, with joint the residence of the stepson with the testator for at least a year before the opening of the inheritance is not mandatory, since the stepson is the heir of the seventh stage.

In practice, the question arose: can minor grandchildren inherit in a rolling order of inheritance if they were dependent on the testator for at least a year, but the parents were alive at the time the inheritance was opened? The fact is that grandchildren are not subject to clause 1 of Art. 1148 of the Civil Code of the Russian Federation (they are not included in the number of heirs from the 2nd to 7th priority) and are excluded from the scope of clause 2 of Art. 1148 of the Civil Code of the Russian Federation. They can be called upon to inherit only by right of representation, i.e. when their ascending relative (father or mother, who is respectively the son or daughter of the testator) dies before the opening of the inheritance or at the same time as the testator. In the legal literature, the opinion was expressed that dependent minor grandchildren can inherit on the basis of clause 2 of Art. 1148 of the Civil Code of the Russian Federation, i.e. if you lived with the testator for at least a year <2>. Meanwhile, the Plenum of the Supreme Court of the Russian Federation when interpreting Art. 1148 of the Civil Code of the Russian Federation provided a different explanation, indicating that the grandchildren of the testator and their descendants during the lifetime of their parents - heirs according to the law of the first priority - inherit on the basis of the analogy of the law in accordance with paragraph 1 of Art. 1148 Civil Code of the Russian Federation <3>, those. regardless of cohabitation with the testator. The interpretation proposed by the Plenum of the Supreme Court of the Russian Federation certainly serves to better protect the interests of minor grandchildren. However, the doctrine rightly raises the question: to what extent does it comply with the law? After all, during the lifetime of their parents, grandchildren cannot be called upon to inherit at all and, therefore, cannot be considered “citizens classified as heirs by law” (Clause 1 of Article 1148 of the Civil Code of the Russian Federation). As O.E. correctly notes. Blinkov, no matter how highly moral and socially significant the proposal of the Plenum of the Supreme Court of the Russian Federation is, it is contrary to the law, and “to legalize such a proposal, amendments to the Civil Code of the Russian Federation are required, but not the issuance of an act of judicial interpretation” <4>.

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<2> See: Commentary on Part Three of the Civil Code of the Russian Federation / Ed. A.L. Makovsky, E.A. Sukhanov. M.: Yurist, 2002. P. 183 - 184.

<3> See: sub. “d” clause 31 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 29, 2012 No. 9 “On judicial practice in inheritance cases” // Bulletin of the Supreme Court of the Russian Federation. 2012. N 7.

<4> Blinkov O.E. Russian inheritance law: new interpretation from the Supreme Court of the Russian Federation // Inheritance law. 2012. N 3. P. 3 - 4.

Minor children of the testator, as well as minor dependents called to inherit on the basis of paragraphs 1 and 2 of Art. 1148 of the Civil Code of the Russian Federation, regardless of the contents of the will, has the right to count on an obligatory share

in inheritance. It is at least half of the share due to them upon inheritance by law (Article 1149 of the Civil Code of the Russian Federation). Suppose the testator bequeathed the entire inheritance to N, a family friend. After the death of the testator, the following remained: a minor son, a minor daughter and the testator’s spouse (able-bodied). Minor children have the right to half the legal share, i.e. in our example by 1/6 and 1/6 respectively.

It seems that minor children of the testator, as well as disabled dependents who acquired full legal capacity as a result of marriage or emancipation, have the right to claim the obligatory share.

The size of the mandatory share has been reduced compared to the Civil Code of the RSFSR of 1964 (from two thirds to one second of the legal share). Thus, there is a tendency to expand freedom of will. At the same time, the current Civil Code of the Russian Federation provides for the possibility of judicially reducing the size of the obligatory share or even refusing to award it (clause 4 of Article 1149 of the Civil Code of the Russian Federation), which makes the position of minor “obligatory” heirs more vulnerable. It is important to note that if the will was made before March 1, 2002 (before the entry into force of part three of the Civil Code of the Russian Federation), the size of the obligatory share is determined according to the Civil Code of the RSFSR 1964 (Article 535) and is at least two-thirds of the legal share <5> .

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<5> Article 8 of the Federal Law of November 26, 2001 N 147-FZ “On the introduction into force of part three of the Civil Code of the Russian Federation” // SZ RF. 2001. N 49. Art. 4553; subp. “b” clause 32 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 29, 2012 No. 9 “On judicial practice in inheritance cases.”

Another provision of the Civil Code of the Russian Federation, aimed at protecting the rights and interests of minor heirs, is clause 4 of Art. 1157 of the Civil Code of the Russian Federation, which establishes that refusal of inheritance in the case where the heir is a minor citizen is permitted with the prior permission of the guardianship and trusteeship authority. If the child is a minor, then on his behalf the parent, adoptive parent or guardian makes a transaction to renounce the inheritance (based on Article 28 of the Civil Code of the Russian Federation), and to carry out such a transaction it is necessary to obtain permission from the guardianship and trusteeship authority. If a child is between 14 and 18 years old, then in accordance with Art. 26 of the Civil Code of the Russian Federation, a minor has the right to refuse an inheritance with the written consent of a parent, adoptive parent or trustee, for which permission has been obtained from the guardianship and trusteeship authority.

Despite the fact that clause 4 of Art. 1157 of the Civil Code of the Russian Federation makes a connection to the age of the potential heir, and not to the scope of his legal capacity, one should agree with the position expressed in the legal literature that “the interpretation of this paragraph should not lead to a situation where a minor person with full legal capacity (for example , in case of emancipation), must obtain the consent of the guardianship and trusteeship authority to renounce the inheritance" <6>.

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<6> Aminov E.R., Andreev I.A., Arsentiev I.L. and others. Inheritance law: Article-by-article commentary to section V of the Civil Code of the Russian Federation / Under the general. ed. M.A. Dimitriev (commentary to article 1157). SPS "ConsultantPlus".

The division of inheritance if there are minor citizens among the heirs is also carried out with the prior permission of the guardianship and trusteeship authority. This follows from paragraph. 1 tbsp. 1167 of the Civil Code of the Russian Federation, which establishes that the division of inheritance in this case is carried out in compliance with the rules of Art. 37 Civil Code of the Russian Federation. Thus, the effect of Art. 37 of the Civil Code of the Russian Federation applies not only to minors over whom guardianship or guardianship has been established (for example, in the absence of parents), but also to minors who have parents. Universality of application of Art. 37 of the Civil Code of the Russian Federation is also based on paragraph. 2 p. 1 art. 28 of the Civil Code of the Russian Federation, which establishes that the rules provided for in paragraphs 2 and 3 of Art. 37 Civil Code of the Russian Federation. Here you can see an analogy with paragraph 4 of Art. 1157 of the Civil Code of the Russian Federation on the necessary participation of guardianship and trusteeship authorities in the event of a minor’s refusal of an inheritance.

Civil Code in para. 2 tbsp. 1167 also stipulates that in order to protect the legitimate interests of minor heirs, the guardianship and trusteeship authority must be notified about the drawing up of an agreement on the division of the inheritance and about the consideration of the case on the division of the inheritance in court.

In the legal literature and in practice, many questions arise regarding the interpretation of the provisions of Art. 1167 Civil Code of the Russian Federation.

Firstly, is the provision of paragraph. 2 tbsp. 1167 of the Civil Code of the Russian Federation unnecessary? Is it not covered by the requirement to obtain permission from the guardianship and trusteeship authority when dividing the inheritance? Thus, in the legal literature the opinion is expressed that it is hardly possible to obtain permission to conclude an agreement on the division of inheritance without notifying the guardianship and trusteeship authority about its preparation and contents <7>. However, par. 2 tbsp. 1167 of the Civil Code of the Russian Federation is designed, among other things, for cases when we are talking about the consideration of a case on the division of inheritance with the participation of minors in court

. It seems that the norm in para. 2 tbsp. 1167 of the Civil Code of the Russian Federation has procedural significance, as it allows the court to involve the guardianship and trusteeship authority as a person participating in the case. This conclusion is confirmed by law enforcement practice. Thus, in the Cassation ruling of the Amur Regional Court dated January 27, 2012 in case No. 33-278/2012 o. When considering this case, failure to comply with the requirement to notify the guardianship and trusteeship authority and failure to involve it in the case served as the basis for canceling the decision of the trial court in cassation.

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<7> See: Belov V.A., Bushaenkova S.A. Section of inheritance // News of higher educational institutions. Jurisprudence. 2005. N 3. P. 52.

Secondly, is it possible to divide the inheritance in a situation where the heirs include not only minors, but also their parents? The division of inheritance is a transaction: according to paragraph. 2 p. 1 art. 1165 of the Civil Code of the Russian Federation, the rules of the Civil Code of the Russian Federation on the form of transactions and the form of contracts are applied to the agreement on the division of inheritance. Meanwhile, in accordance with paragraph 3 of Art. 37 of the Civil Code of the Russian Federation, a transaction cannot be made between a minor, on the one hand, and a guardian, trustee or their spouse and close relatives, on the other hand. The only exceptions are gratuitous transactions in favor of minors.

In practice, there is a case where the father of a young child applied to the guardianship and trusteeship authority for permission to divide the inheritance between him and his young son (heirs of the first priority according to the law) by exchanging shares in the right to real estate, which would allow the young son to become the sole owner of a three-room apartment apartment, and the parent to acquire sole ownership of a one-room apartment. The guardianship and trusteeship authority refused to issue the parent permission to complete this transaction, referring to clause 3 of Art. 37 of the Civil Code of the Russian Federation, which does not provide for transactions between close relatives. In this regard, the child's father, acting for himself and in the interests of his son, filed a lawsuit against the guardianship and trusteeship authority for the division of inherited property. The court of first instance did not find any violation of the rights of the minor and recognized the division of the inherited property as possible. The guardianship and trusteeship authority did not recognize the court's decision and filed an appeal to the Moscow City Court. The Judicial Collegium for Civil Cases of the Moscow City Court did not find any grounds for overturning the decision of the court of first instance, indicating in its appeal ruling that “the provisions of the legal norms referred to by the defendant do not exclude the right of an interested person who is in a situation of need to divide the inherited property, apply to the court with an appropriate claim, based on the results of which, with the involvement of the guardianship and trusteeship authority, the court resolves the case on the merits” <8>.

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<8> See: Appeal ruling of the Moscow City Court dated November 28, 2012 in case No. 11-25886 // ATP “ConsultantPlus”.

Thus, division of the inheritance in the case where, along with a minor, their parents, guardians, trustees, as well as spouses and close relatives of legal representatives, participate in the division of the inheritance, is possible. At the same time, the literature has expressed the position that such a division can only be carried out in court and only with the participation of the guardianship and trusteeship authority, which must be notified of such a division and which during the trial will defend the interests of minors <9>. Consequently, judicial proceedings are contemplated in the absence of a dispute between the parties. As correctly noted by M.L. Shelutto, “the dispute in the case under consideration, essentially, is with the law itself. Court cannot be avoided in truly controversial situations - if the co-owner is unwilling to make a division, or if he disagrees with the terms of the transaction. Unfortunately, ill-considered broad legal prohibitions established contrary to the legitimate interests of participants in civil legal relations force them to simulate a dispute for the division of property that is in common ownership with minors” <10>.

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<9> See: Bardina M.P., Bulaevsky B.A., Vilkova N.G. and others. Commentary on the Civil Code of the Russian Federation, part three (article-by-article) / Ed. N.I. Marysheva, K.B. Yaroshenko. 3rd ed., rev. and additional M.: CONTRACT; INFRA-M, 2010; SPS "ConsultantPlus".

<10> Shelutto M.L. Transactions between children and their legal representatives // Civil law and modernity: Sat. articles dedicated to the memory of M.I. Braginsky / S.S. Alekseev, F.O. Bogatyrev, B.A. Bulaevsky and others; edited by V.N. Litovkina, K.B. Yaroshenko; Institute of Legislation and Comparative Law under the Government of the Russian Federation. M.: Statute, 2013; SPS "ConsultantPlus".

Thirdly, the legislation does not clarify who is responsible for notifying the guardianship and trusteeship authority. In the legal literature about <11>. Indeed, this conclusion follows from clause 20 of the Methodological Recommendations for Registration of Inheritance Rights, which states that if there are minor heirs, in order to protect their property rights, the notary sends a message about the issuance of a certificate of the right to inheritance to the guardianship and trusteeship authority at the place of residence of the heir with indicating the property he inherits <12>. Meanwhile, O.Yu. Pintail rightly notes that obtaining a certificate of the right to inheritance is not mandatory, therefore it would hardly be appropriate, as a general rule, to impose on the notary the obligation to notify the guardianship and trusteeship authorities. The corresponding duties may be assigned to a notary in cases where he issues a certificate of the right to inheritance or certifies an agreement on its division <13>. It seems that the obligation to notify the guardianship and trusteeship authorities should be assigned to the heirs (their legal representatives) participating in the division of the inheritance.

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<11> See: Gongalo B.M., Zaitseva T.I., Krasheninnikov P.V. and others. Civil Code of the Russian Federation. Inheritance law: Article-by-article commentary to section V / Ed. P.V. Krasheninnikova. M.: Statute, 2013; SPS "ConsultantPlus".

<12> See: Methodological recommendations for registration of inheritance rights (approved by the decision of the FNP Board of February 27 - 28, 2007, protocol N 02/07) // Notary Bulletin. 2007. N 8.

<13> See: Bardina M.P., Bulaevsky B.A., Vilkova N.G. and others. Commentary on the Civil Code of the Russian Federation, part three (article-by-article) / Ed. N.I. Marysheva, K.B. Yaroshenko. 3rd ed., rev. and additional M.: CONTRACT; INFRA-M, 2010 (commentary to Article 1167 of the Civil Code of the Russian Federation); SPS "ConsultantPlus".

Fourthly, the question arises: is Art. 1167 of the Civil Code of the Russian Federation to minors who acquired full legal capacity as a result of marriage or emancipation? There is no consensus in doctrine on this issue. So, T.A. Bryuchko believes that “the interests of minors are met by the interpretation of this norm in such a way that the division of the inheritance is carried out in compliance with the rules of Art. 37 of the Civil Code of the Russian Federation if there are minors among the heirs - persons under the age of 18, regardless of whether they are recognized as fully capable" <14>. A similar opinion is shared by Yu.K. Tolstoy <15>. Meanwhile, fully capable minor citizens independently, without the participation of parents, adoptive parents and trustees and guardianship authorities, make any transactions. Article 37 of the Civil Code of the Russian Federation does not apply to fully capable citizens. Consequently, they have the right to independently complete a property division transaction. This position (on the non-extension of the rules of Article 1167 of the Civil Code of the Russian Federation to fully capable minors) is shared by many scientists <16>.

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<14> Bryuchko T.A. Protection of the legitimate interests of minor heirs during the division of inheritance // Notary. 2010. N 2. P. 7 - 11; SPS "ConsultantPlus".

<15> See: Commentary on the Civil Code of the Russian Federation (article-by-article). Part three. M.: LLC "VITREM", 2002. P. 145.

<16> See, for example: Commentary on Part Three of the Civil Code of the Russian Federation / Ed. A.L. Makovsky, E.A. Sukhanov. M.: Yurist, 2002. P. 251; Boguslavsky M.M., Gongalo B.M., Zaitseva T.I. and others. Article-by-article commentary to the Civil Code of the Russian Federation, part three / Ed. P.V. Krasheninnikova. M.: Statute, 2011; SPS "ConsultantPlus".

The above problematic issues that arise when applying the provisions of Art. 1167 of the Civil Code of the Russian Federation, indicate the need to introduce clarifications into this article in order to eliminate ambiguous interpretation of its provisions and ensure their higher practical effectiveness.

The problem of the participation of legal representatives in the exercise by minors of the right to accept an inheritance deserves special attention. Minors cannot accept an inheritance on their own, without the participation of legal representatives. On behalf of the minor, the inheritance is accepted by the parent, adoptive parent or guardian. If the child is between 14 and 18 years old, then acceptance of the inheritance occurs with the consent of the parent, adoptive parent or guardian. Let's imagine the following situation: a young child; the parent does not accept the inheritance on behalf of the minor. That is, there is a fact of parental inaction. Can the child’s minor age be considered as a valid reason giving the right to restore the period for accepting an inheritance in accordance with paragraph 1 of Art. 1155 of the Civil Code of the Russian Federation? There is no answer to this question in the law. In Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in inheritance cases,” among the valid reasons for missing the deadline for accepting an inheritance, circumstances related to the personality of the plaintiff are named: serious illness, helpless state, illiteracy, etc. (clause 40). The child's minor age is not included as such a reason.

In law enforcement practice, there are cases where the court refuses to satisfy a claim to restore the deadline for filing an application for acceptance of an inheritance due to the inaction of the legal representative. Thus, in the Appeal Determination of the Samara Regional Court dated March 12, 2013 N 33-2255/2013, the court indicated that “such a circumstance as the minor age of the heir cannot be a valid reason for missing the deadline for accepting the inheritance, since by virtue of Article 64 of the Family Code Code of the Russian Federation, the protection of the rights and interests of children is entrusted to their parents" <17>.

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<17> SPS “ConsultantPlus”.

Also indicative is the case that became the subject of consideration by the Constitutional Court of the Russian Federation. The mother of a minor son sent a complaint to the Constitutional Court of the Russian Federation, in which she tried to declare clause 1 of Art. 1155 of the Civil Code of the Russian Federation, arguing that the norm of this article “allows for the possibility of depriving a minor heir of the right to restore the deadline for accepting an inheritance missed as a result of the actions of his legal representative, thereby making the exercise of his right to accept an inheritance dependent on the conscientiousness of actions (inaction) and the will of his legal representative." Meanwhile, the Constitutional Court of the Russian Federation did not find any grounds for accepting this complaint for consideration, considering that the provision of paragraph 1 of Art. 1155 of the Civil Code of the Russian Federation cannot be considered as violating any constitutional rights and freedoms of the applicant’s minor son. As stated in the Determination of the Constitutional Court of the Russian Federation, verification of the legality and validity of judicial decisions falls within the competence of the Constitutional Court of the Russian Federation, established by Art. 125 of the Constitution of the Russian Federation and Art. 3 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation” does not apply <18>.

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<18> See: Determination of the Constitutional Court of the Russian Federation of March 20, 2014 N 556-O “On the refusal to accept for consideration the complaint of citizen Zifa Zhaferovna Iskhakova about the violation of the constitutional rights of her minor son by the provision of paragraph 1 of Article 1155 of the Civil Code of the Russian Federation” / / SPS “ConsultantPlus”.

I would like to hope that the practice of refusing to satisfy a claim for the restoration of a minor at the time of opening the inheritance of the period for accepting the inheritance will change in connection with the clarifications of the Supreme Court of the Russian Federation set out in the Review of judicial practice of the Supreme Court of the Russian Federation for the IV quarter of 2013 regarding the consideration of cases on disputes arising from civil legal relations. Thus, this Review directly explains: “...the inaction of the legal representative, which led to the missed deadline for filing a claim in court to restore the deadline for accepting an inheritance by a child who was a minor at the time of opening the inheritance, is a valid reason for restoring this deadline” <19> .

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<19> Review of judicial practice of the Supreme Court of the Russian Federation for the fourth quarter of 2013 (approved by the Presidium of the Supreme Court of the Russian Federation on June 4, 2014) // ATP “ConsultantPlus”.

To ensure more reliable protection of the rights of minor heirs who missed the deadline for accepting an inheritance, and in order to form uniform judicial practice, it seems necessary to also introduce into paragraph 40 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in cases of Inheritance” addition, indicating among the valid reasons for missing the deadline for accepting an inheritance, the heir’s minor age at the time of opening the inheritance.

An analysis of special provisions of the Civil Code of the Russian Federation aimed at protecting the interests of minor heirs indicates that their ambiguous interpretation is acceptable in a number of cases. It is necessary to clarify these provisions in order to prevent violations of the rights of minors as the most vulnerable category of heirs.

Literature

1. Belov V.A., Bushaenkova S.A. Section of inheritance // News of higher educational institutions. Jurisprudence. 2005. N 3. P. 46 - 57.

2. Blinkov O.E. Russian inheritance law: new interpretation from the Supreme Court of the Russian Federation // Inheritance law. 2012. N 3. P. 3 - 4.

3. Bryuchko T.A. Protection of the legitimate interests of minor heirs during the division of inheritance // Notary. 2010. N 2. P. 7 - 11.

4. Gongalo B.M., Zaitseva T.N., Krasheninnikov P.V. and others. Civil Code of the Russian Federation. Inheritance law: Article-by-article commentary to section V / Ed. P.V. Krasheninnikova. M.: Statute, 2013. 264 p.

5. Sergeev A.P., Tolstoy Yu.K., Eliseev I.V. Commentary on the Civil Code of the Russian Federation (article-by-article). Part three. M.: VITREM LLC, 2002. 304 p.

6. Bardina M.P., Bulaevsky B.A., Vilkova N.G. and others. Commentary on the Civil Code of the Russian Federation, part three (article-by-article) / Ed. N.I. Marysheva, K.B. Yaroshenko. 3rd ed., rev. and additional M.: CONTRACT; INFRA-M, 2010. 672 p.

7. Commentary on Part Three of the Civil Code of the Russian Federation / Ed. A.L. Makovsky, E.A. Sukhanov. M.: Yurist, 2002. 538 p.

8. Aminov E.R., Andreev I.A., Arsentiev I.L. and others. Inheritance law: Article-by-article commentary to section V of the Civil Code of the Russian Federation / Under the general. ed. M.A. Dimitrieva. SPS "ConsultantPlus". 2012.

9. Boguslavsky M.M., Gongalo B.M., Zaitseva T.I. and others. Article-by-article commentary to the Civil Code of the Russian Federation, part three / Ed. P.V. Krasheninnikova. M.: Statute, 2011. 311 p.

10. Civil law and modernity: Sat. articles dedicated to the memory of M.I. Braginsky / S.S. Alekseev, F.O. Bogatyrev, B.A. Bulaevsky and others; edited by V.N. Litovkina, K.B. Yaroshenko; Institute of Legislation and Comparative Law under the Government of the Russian Federation. M.: Statute, 2013. 766 p.

Source: INHERITANCE LAW magazine

Deadline for accepting inheritance

The period during which a person having the right of inheritance can express his consent to accept the inheritance within six months from the date of opening of the inheritance or from the date of entry into legal force of the court decision declaring him dead.

Paragraph 38 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in inheritance cases” contains the following explanations:

“The course of the deadlines for accepting an inheritance established by Art. 1154 of the Civil Code of the Russian Federation, according to Art. 191 of the Civil Code of the Russian Federation begins the next day after the calendar date, which determines the emergence of the heirs’ right to accept the inheritance, i.e. the day after the date:

opening of an inheritance or after the date of entry into legal force of a court decision declaring a citizen dead (clause 1 of Article 1154 of the Civil Code of the Russian Federation);
death - the day specified in the court decision establishing the fact of death at a certain time (clause 8, part 2, article 264 of the Code of Civil Procedure of the Russian Federation), and if the day is not specified - the next day after the date the court decision enters into legal force;
refusal of the heir from the inheritance or removal of the heir on the grounds established by Art. 1117 of the Civil Code of the Russian Federation (clause 2 of Article 1154 of the Civil Code of the Russian Federation);
the end of the period for acceptance of inheritance established by clause 1 of Art. 1154 of the Civil Code of the Russian Federation (clause 3 of Article 1154 of the Civil Code of the Russian Federation).”

The heir may accept the inheritance at any time within six months from the date he acquired the right to inherit, including on the last day of this period. The heir is considered not to have accepted the inheritance only after this period has expired.

On the timing of accepting an inheritance, see the recommendations of the Federal Notary Chamber in section 6 of the Methodological recommendations for registration of inheritance rights, approved by the decision of the Federal Notary Chamber of March 25, 2019, protocol N 03/19.

Are there any updates to inheritance law in 2021?

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A special normative act that would define inheritance issues, including the order in which people enter into inheritance, has still not been adopted. Inheritance relations are specifically described in Part 3 of the Civil Code. Thus, his chapter 61 covers general issues of inheritance. Chapter 62 describes in detail how to receive an inheritance if a will is drawn up, and Chapter 63 describes how to enter into rights under the law.

There have been no major changes to these chapters in 2021. The provisions on inheritance issues are so fully consistent with existing reality and are described in detail in the law that they do not require adjustments or additions.