Inheritance by law: order of inheritance: who inherits first?

Entering into an inheritance obliges relatives to submit an application to a notary. To avoid confusion, applications are submitted in strict accordance with the category of relationship - children, spouse and parents are the first to inherit the property of the deceased. Primary and subsequent lines of consanguinity do not raise any special questions.

Difficulties may arise in the event that applicants of the 4th order of kinship are called to inheritance. Who are they, in what cases can they claim their rights and are they entitled to a mandatory share? You will find answers to these and other questions in our material.

The process of accepting property: basic concepts

You should immediately understand that the owner has the right to use the valuables received during his lifetime at his own discretion.
The main condition is that the property must be acquired legally, that is, purchased, accepted as a gift, inherited, received as a result of an exchange. This right is enshrined in the main law of the country – the Constitution of the Russian Federation. And in the event of death, the owner has the right to appoint a successor from any line of inheritance, including the fourth. In addition, under a will, you can assign property to any category of heirs - these are individuals (relatives, acquaintances, strangers), individual entrepreneurs, legal entities conducting commercial and non-commercial activities. But, if the will was not expressed and death overtook suddenly, close people, classified by degree of relationship, are called upon to inherit. The fourth stage enters into the process if the three previous ones are empty or none of their representatives wanted to become the owner of the inheritance.

What is inheritance?

This is the process of redistribution of property rights between legal successors, when things and values ​​acquired by the testator during his lifetime are distributed. The procedure involves the initiation of notarial inheritance proceedings, as a result of which the heirs of the fourth stage, having received a certificate, re-register the property in their name. If necessary, appropriate notes are made in the state register of real estate, securities, and vehicles.

Methods of transferring property to heirs

There are two of them. The first involves using the will of the deceased as expressed in the will as the main condition. No one can challenge orders indicating the need to transfer the inherited estate to a relative from the fourth line without very compelling reasons. In this case, the presence of representatives of queues preceding the fourth one will not change anything.

Inheritance by law is another matter. In this situation, being in the fourth line of clan affiliation, you will have to start from legal factors. One of them is the absence of heirs of previous orders. The second is the refusal of the first-priority successor in favor of a specific person from the fourth priority. The third is the refusal of all the above-mentioned citizens without indicating the beneficiary. Then the heirs in question are called upon.

Who are the heirs?

These are people who have sufficient rights to inherit. The heirs are the persons mentioned by the testator as direct claimants, as well as a designated successor, who is called upon in the event that they die, refuse, do not fulfill special conditions, etc. The testator decides everything. If the declaration of will was not drawn up, was not notarized, or was executed in violation of current legislation, the relatives of the deceased become heirs.

Conditions for entering into inheritance

The heirs by law enter into inheritance in turn - from the first to the seventh line. If the property is inherited by claimants of one line, further lines will not be able to inherit.

Beneficiaries of the 4th line, according to the law, can receive the property of the deceased only in case of changes in the order of priority (clause 1 of Article 1141 of the Civil Code of the Russian Federation).

Conditions for inheritance:

1. Absence of relatives of the 1st, 2nd and 3rd line of kinship - spouse, parents, children, brothers, sisters, grandparents, nephews, uncles and aunts, as well as their representatives (see “Inheritance by right of representation”).
2. Refusal of the heirs of previous orders.
3. Recognition of candidates of the first three stages as unworthy.
4. Heirs of the 1st, 2nd and 3rd line did not enter into inheritance.

Identification of at least one of these conditions opens the door to inheritance by great-grandparents.

In what cases do they not inherit?

If the previous lines come into inheritance, the 4th line applicants will not be able to receive the property of their great-grandchildren or great-granddaughters.

If great-grandparents are recognized as unworthy heirs , they are actually deprived of rights to the assets of the deceased.

For more information about in what cases a citizen is recognized as an unworthy heir, read our article “How to recognize an heir as unworthy?” Let us briefly say that there may be plenty of reasons:

• attempt on the lives of great-grandchildren or great-granddaughters;
• illegal actions against the parents of the deceased;
• deception, blackmail of young testators;
• attempts to increase your share of the inheritance at the expense of the shares of other heirs;
• other intrigues against the owner of the property.

An heir can only be recognized as unworthy in court - there must be a court ruling on this. If it exists in relation to a great-grandfather or great-grandmother, they will not be able to inherit. This right will pass to the 5th and subsequent stages. In the event of their absence, the property of the great-grandson or great-granddaughter is recognized as escheated and transferred to a municipal or state fund.

Example:

A great-grandson, who had practically no relatives, died. The only member of the family was a brother - both parents died, grandparents too. The brother refused the inheritance. At the same time, one more relative remained alive - her great-grandmother. However, long before the death of her great-grandson, she seriously harmed his family - she persuaded a distant relative to take a large sum of money from them. The great-grandmother and relative were not going to give the money; they threatened the family, demanding that they “forget the debt.” The case went to court, where fraud was proven. Later, the great-grandmother was recognized as an unworthy heir. She will not be able to enter into the inheritance of her great-grandson - the right will go to the applicants of the 5th stage.

How are immediate family members different from other family members?

It is possible to determine the differences between family members and close relatives only when certain legal relations arise, since some provisions of the law may indicate different citizens as family members .

Thus, based on the norms of family law, when alimony obligations arise, it becomes obvious that spouses and close relatives are generalized and indicated as family members . In another case, according to the norms of housing legislation, family members include only spouses , parents and children (Article 31 of the Housing Code of the Russian Federation). However, this article indicates the possibility of recognizing third parties as in court.

Based on the norms of civil law , we can conclude that not all family members are considered close relatives, since there is no indication of spouses . However, in another case, some relatives may be part of the family.

For your information

An exception is the provisions of criminal law , since according to paragraph 4 of Art. 5 of the Code of Criminal Procedure, there is a clear definition according to which spouses are close relatives . However, this rule applies when determining the circle of persons in case of refusal to testify. Although it is also possible to use these relations in civil proceedings by analogy with the law.

Call to inheritance of the heirs of the fourth stage

Inheritance is the process of transferring property and rights to it, associated with the responsibilities of a deceased person (testator or testator), to other citizens who are heirs.

In para. 2 p. 1 art. 1141 of the Civil Code of the Russian Federation states that the heirs of each subsequent line are called upon to inherit by law in the following cases:

• when there are no heirs of the previous queue;
• if they do not accept the heritage, that is, completely abandon it in favor of other relatives;
• when all the heirs of the previous line are deprived by the testator of the right to inherit his property and other property.

The requirements set out above must be taken into account by the official (notary) when accepting relevant applications from heirs for their acceptance of the inheritance and issuing to such citizens a certificate of their right to the inheritance remaining after the death of the testator.

According to paragraph 2 of Art. 1154 of the Civil Code of the Russian Federation, citizens whose right to inheritance arises only when other heirs do not accept (refuse) the inherited property may declare consent to accept this inheritance only during the remainder of the period established for its acceptance. If the remaining period until the final acceptance of the inheritance is less than three months, then the missing time of up to three months is added to it.

Great-grandparents of the testator

A great-grandfather or great-grandmother, who belongs to the fourth line of heirs by law, is a citizen whose degree of direct relationship between generations passes through the lines of the father and mother, that is, this is the father (mother) of a son who has become a grandfather (grandmother) and has a grandson (granddaughter). This grandson (granddaughter), who belongs to the second generation of the father (mother) of their grandfather (grandmother), is the great-grandfather (great-grandmother). That is, they are separated from the testator by three births , not counting the birth of the testator himself: the birth of his parents, grandparents, and great-grandparents themselves.

Based on the norm of paragraph. 2 p. 1 art. 1141 of the Civil Code of the Russian Federation and Part 1, Clause 2, Art. 1145 of the Civil Code of the Russian Federation, in order to call for inheritance the great-grandparents of the testator, who belong to the fourth line of inheritance, it is mandatory that they have a blood relationship with the great-grandchildren-testators and the absence of heirs of the first three lines .

Great-grandfathers and great-grandmothers, as ascending relatives of the heirs by law, are called upon to inherit exclusively as fourth-degree heirs and are not called upon to inherit by right of representation at all.

Inheritance rights of disabled dependents

The number of heirs, in accordance with the law, also includes disabled citizens who were dependent on testator for at least one year before his death .

Dependents may well include great-grandparents who have reached retirement age and are disabled by virtue of their age and the law, whose possible only source of livelihood was the constant financial assistance of the testator. In other words, the great-grandmother and great-grandfather may well be supported by the testator, and, since they belong to the fourth line of heirs by law, they may not live together with the testator.

Like all disabled dependents, the great-grandparents of the testator who belong to this category of citizens have the right to inherit at the same time and on equal terms with the heirs of the line that is called for inheritance after its opening.

Inheritance registration procedure

In Russia, legislation clearly regulates the inheritance process. On the day of the testator's death, the notary initiates the inheritance case. The heirs by law write a statement if they wish to assume the property and obligations associated with it. It is not necessary to issue a refusal. It is enough for the heir to ignore the appearance at the notary’s office, and if after death the persons belonging to the 4th line of inheritance refused, there is no one left in the 5th and 6th stages, the seventh stage is included in the process. In order not to waste a lot of time, you need to know how inheritance occurs.

Step-by-step algorithm

Inheritance by turns is sequential. The order of heirs by law depends on the degree of relationship. The procedure is carried out according to the following scheme:

1. An inheritance case is opened.
2. The heirs are called by the notary.
3. Those interested write applications.
4. A certificate is issued.
5. The owner's right is re-registered.

First priority relatives have priority.

Upon actual acceptance

Let's say a cousin lived with her cousin in the same house. He died, but while he was alive, she paid for land, electricity and water, bought firewood and coal, paid for repairs and maintenance. She has the right of inheritance, and a notary is not needed. The procedure is as follows:

1. Documents, receipts, checks, bank statements are collected.
2. An application is submitted to the local government body.
3. If necessary, a court hearing is initiated through a lawsuit.
4. A decision is made and a document is issued that has legal force.
5. The inheritance received by law is transferred to the applicant.

Which court or executive committee should I contact? At the location of the property registered in the order of inheritance.

Design nuances

The last step is mandatory, especially if we are talking about inheritance, which is called actual. Knowing what the procedure is, people forget to do this, and then, when children or grandchildren formalize the entry, problems will arise, because it will not be possible to prove that you received the property according to the law. Accepting an inheritance is not the only limitation. Valuables cannot be sold, exchanged, or donated unless the ownership is officially re-registered.

When are persons from the 4th line of succession called up?

This requires reasons. For example, the deceased had no children or wife, nor did he have any brothers and sisters; his parents and grandparents died. In this case, the heirs of the next, fourth category of ancestral proximity to the deceased enter the process. They must be capable. Otherwise, guardians are involved in the procedure. Another requirement is that persons of the fourth priority, who are worthy heirs, have the rights to claim property. Those unworthy are deprived of inheritance rights completely and forever.

Basic conditions

The procedure for dividing the property of the deceased involves the execution of his lifetime will, set out in the testamentary act. This condition is sufficient for the heirs from the fourth order to become direct indisputable successors. When the right of inheritance is transferred by law, it is important that the applicants are:

1. Capable and did not have medical conditions that would deprive them of the right to sign legal documents. If guardianship is formalized, the trustee becomes the representative of the beneficiary, and this status must be formalized by the guardianship authorities.
2. Worthy. The term unworthy heir refers to a claimant who has committed criminal acts (fraud, threats, blackmail, physical violence, etc.) against competitors and the testator himself.

To the list of reasons for recognizing applicants from the fourth stage (except for those when citizens who were called up earlier do not want to accept the inheritance, have died or do not exist), it is worth adding cases when previous competitors received the status of unworthy.

Deadlines for Receivers

Acceptance deadlines vary. They depend on the conditions of acceptance. The specifics are regulated by Article 1154 of the Civil Code. Let's consider the possible options:

• 6 months. This is the standard period. His great-grandparents will receive it for registration if initially there were no closer relatives.
• 3 months. During this period, applicants need to meet situations where they were not the first participants. This happens when successors of a higher order refuse to inherit or the rights to inherit are forcibly deprived.

Three months is the minimum that representatives of the fourth group can count on. For example, children refuse adoption five months after the process opens. The deceased has no other relatives except his great-grandfather. In this case, instead of a month, he will receive three months for registration. The period is extended automatically.

Who is the first priority heir?

In the face of the law, the closest bearers of blood ties for the testator are:

• legal spouse;
• children;
• parents;

They constitute the group of first-line heirs. All material assets are divided between them, unless, of course, the deceased bequeathed his property to a third party. Then the first-priority heirs will own the untested part of the property.

Spouse

The marital share is much larger than the shares of the remaining heirs. The spouse retains the right to ½ of the joint property. When dividing the second half of the inheritance, he (she) participates on an equal basis with all other applicants. It should be noted that the law recognizes the rights of only registered spouses. Church and civil marriage, being divorced do not provide the opportunity to receive a spousal share.

Children

If the deceased person supported both natural and adopted children, then both categories have equal rights to receive a share in the inheritance. At the same time, adopted children can no longer claim the property of their biological parents. Unadopted children are not primary heirs - the law classifies them as 7th priority.

A child who has not reached the age of majority has inheritance rights even if he was born after the death of his father.

Parents of the testator

Sometimes it happens that a person’s father or mother was at one time deprived of parental rights and did not raise him. Such parents cannot claim the property of their adult children.

Please note: the law protects the interests of parents who have fulfilled their duty, but are offended by their children: if the testator did not include in the will the father or mother who lost their ability to work, they will in any case receive an obligatory share of the inheritance.

What you need to know

Heirs of the third stage can enter into an inheritance in the event that the heirs of the first and second stages are absent, have renounced this right or have been recognized as dishonest.

If the heir takes possession of the inheritance, knowing that his actions are unlawful (concealing information about the death of the testator from other relatives), over time he may lose his property and incur administrative liability.

To prevent this from happening, inheriting citizens need to make sure that their rights have a legal basis and only after that open an inheritance case.

Heirs scheme

The order of inheritance by law becomes relevant in one of the following cases:

• when there is no will,
• when there is a part of the property that is not included in it,
• when one of the heirs wrote a refusal to enter into an inheritance.

Then the inheritance procedure established by law begins to apply. The queue number of heirs indicates the nature of family ties with the deceased. In the absence of priority applicants, the right to the property of the deceased is received by his relatives from the 2nd to 4th priority:

• brothers and sisters,
• uncles and aunts,
• grandfathers and great-grandfathers.

Then comes the turn for cousins ​​(5th and 6th stages) and stepsons/stepdaughters or stepmother/stepfather (7th stage). Finally, the last, 8th stage has no blood ties with the testator, and the basis for inheritance is living together with him as his dependent for a period of at least a year.

The diagram below shows the relationship between degrees of kinship and the order of inheritance of property.

The distribution of property is governed by two principles.

1. In any order, the inheritance mass is divided equally.
2. The next queue in order becomes active when there are no participants left in earlier queues.

Special categories of heirs by law

The so-called “special” categories of heirs entitled to receive an obligatory part of the inheritance mass include:

1. Dependents who were supported by a deceased relative for at least a year. These could be people of retirement age, disabled people of groups 1, 2, 3, or disabled since childhood.
2. Minor children of the deceased.
3. Disabled children, spouse or parents.

According to Art. 1149 persons specified in clauses 1-3 can claim a share, regardless of the presence or absence of a will, or its composition. Moreover, the right to an obligatory share in the property must be satisfied even by reducing the shares of other heirs.

For example, during his lifetime, a man made a will in which he “signed off” all his property to his common-law wife. However, he has a living disabled father who is unable to work. In this case, the common-law wife will receive only ½. The other half will go to the father.

According to Art. 1169 of the Civil Code of the Russian Federation, a relative living in the same living space with the testator has a preferential right to furniture, household appliances and other household items.

Can they receive a mandatory share?

Great-grandparents are not distinguished by their youth. Often such persons have the status of disabled persons - those who have retired due to old age. Often, heirs of the 4th line of kinship are dependent on their relatives. If such relatives are great-grandchildren and great-granddaughters, pensioners can count on a mandatory share in the inheritance (Article 1148 of the Civil Code of the Russian Federation).

The obligatory share due to dependency is due to persons who were supported by the testator and lived with him during the last year . Even if the deceased great-grandson left a will in which the dependent was not mentioned, the great-grandfather or great-grandmother will receive a mandatory share.

The size of the inheritance is much less than what the next-ranking applicants will receive. However, dependents are entitled to ½ part of what they would have received by law (clause 1 of Article 1149 of the Civil Code of the Russian Federation).

Example:

A young entrepreneur died and his wife, daughter and father took over the inheritance. However, the notary became aware of one more heir - the great-grandmother of the deceased. It turned out that her great-grandson took her as his dependent, settled her in his apartment, looked after her and provided for her existence. The pensioner received a meager pension, so she did not refuse help. The notary explained to the heirs that the great-grandmother was entitled to a mandatory share in the inheritance. He suggested that the pensioner herself collect evidence: certificates of residence, payment receipts, checks, witness statements. The great-grandmother could not do this due to her age, so her children helped her. Soon the evidence was collected, and the pensioner received ½ of her allotted share. The wife, daughter and father of the deceased great-grandson inherited the rest of the property.

Transfer of inheritance rights

Heirs enter into inheritance rights in order of priority. Between relatives who are representatives of the same line, property is divided equally.

It is possible to transfer the right of inheritance from representatives of one line to another in the following cases:

• If there are no heirs in the highest priority.
• If the higher-ranking applicants did not claim the right of inheritance.
• In case of recognition of the heirs of a higher order as unworthy. Recognition occurs in court and concerns people who have committed illegal actions against the testator for the purpose of enrichment, evading payment of alimony or deprived of parental rights (Article 1117 of the Civil Code of the Russian Federation).
• In case of refusal of inheritance by representatives of one line.

To enter into inheritance rights, you must visit a notary and provide a number of documents confirming your relationship with the deceased; own identification documents, change of surname; confirmation of the deceased’s rights to property; application and other documents, the list of which will be provided by the notary.

Is inheritance possible by law in the presence of a will?

A will is not always the ultimate truth. There are cases of redistribution of property between heirs. The procedure is carried out in court. The basis for changing the will of the deceased is:

1. Invalidation of the will.
2. Missing the established 6-month deadline for submitting documents for inheritance.
3. Recognition of heirs as unworthy.
4. The absence in the testamentary document of persons who, regardless of the wishes of the deceased, should own a share of the inheritance.

In order to receive a part of the inheritance for a person not included in the will, it is necessary to challenge it. A document is declared invalid if the following facts occur:

• The testator was in a state of mental disorder and did not realize what he was doing.
• The deceased suffered from dementia or disorders of consciousness associated with extreme old age.
• The will was drawn up while the testator was under the influence of drugs or alcohol.
• The drafting of the will took place under pressure. This could include threats of physical harm, misrepresentation, or deception.

Verbal indication of the above facts is not enough. It is necessary to provide the court with medical certificates, extracts from the card, and sometimes the results of a post-mortem forensic psychiatric examination.

Also, a will can be challenged if it contains gross violations:

• information about the date and place of compilation is not indicated;
• the document reflects the will of a group of people, not just one person;
• the content of the document is contrary to the law;
• the document was drawn up by a person who does not have the authority to do so;
• signatures on the document are forged;
• the will does not indicate persons belonging to the group of compulsory heirs.

To challenge a will, a statement of claim is filed in court, indicating information about the plaintiff, defendant, testator, and describing the situation that caused the dispute. The application, which must be signed and the date of submission, is accompanied by documents confirming the violations. A receipt for payment of the state duty (300 rubles) is also attached.

The case is heard in the district or city court.

The period for challenging a will drawn up under pressure is up to 1 year, in other cases - up to 3 years.

Documents for entering into inheritance according to law

In order to enter into inheritance according to the law, the following documents are required:

1 A document confirming the death of the testator, a death certificate or a court decision declaring a person dead 2 An identification document of the applicant for the right to inheritance, a passport of a citizen of the Russian Federation 3 Documents confirming the presence of family ties with the testator, for example, for a spouse - a marriage certificate, for children - birth certificate, etc. 4 Legal documents for the property, certificate of state registration of rights, extract from the Unified State Register of Real Estate, etc.

Registration of inheritance: step-by-step instructions

Each step of the instructions may involve performing many actions, especially with regard to collecting documents: it includes conducting an assessment, filing lost papers, and other issues.

1 Initial visit to a notary to open an inheritance case After the death of a relative, you need to find out whether you have the right to inheritance and whether you are on the list of heirs, i.e. whether the testator left a will or inheritance agreement. To do this, you need to submit an application to a notary to accept the inheritance by law. After opening an inheritance case, the notary will check, using the unified notary information system, whether the deceased left a will or inheritance agreement. 2 Writing and certifying an application for acceptance of an inheritance You need to contact the notary where the will was opened, or at the place of last residence of the testator. There you need to write an application for acceptance of the inheritance or an application for the issuance of a certificate of inheritance. 3 Submission of a package of prepared papers to a notary. The application must be accompanied by the package of documents described above: a death certificate, your passport as a citizen of the Russian Federation, documents confirming family ties and the right to real estate. 4 Payment of the state fee In order to enter into a couple's inheritance, you need to pay a state fee.

• children, including adopted children, spouse, parents, full brothers and sisters of the testator - 0.3 percent of the value of the inherited property, but not more than 100 thousand rubles;
• other heirs - 0.6 percent of the value of the inherited property, but not more than one million rubles.

Unworthy heirs

Unworthy heirs are those heirs who are recognized by the court as unworthy as a result of unlawful actions against the testator or other heirs . For example, criminal actions (murder, incitement to suicide, causing injury, etc.

Also, unworthy heirs are those who tried or influenced the will of the testator (deception, abuse of trust, etc.) Based on the meaning of Art. 1117 of the Civil Code of the Russian Federation it follows that an unworthy heir is a person who does not have the right to inherit or is excluded from inheritance due to one of the following grounds:

• citizens who, by their deliberate illegal actions directed against the testator, any of his heirs or against the implementation of the last will of the testator, expressed in the will, contributed, or tried to promote the calling of themselves or other persons to inherit, or contributed or tried to contribute to an increase in the amount due they or other persons share the inheritance (clause 1 of Article 1117 of the Civil Code of the Russian Federation). This reason must be proven in court!
• parents after children in respect of whom the parents were deprived of parental rights in court and these rights were not restored by the day the inheritance was opened (Clause 1 of Article 1117 of the Civil Code of the Russian Federation)
• malicious evasion of a citizen from fulfilling the duties incumbent on them by force of law to support the testator - removal only in court! (Clause 2 of Article 1117 of the Civil Code of the Russian Federation)

An unworthy heir may also be a person who has the right to an obligatory share in the inheritance (of course, in this case, like an ordinary unworthy heir, he is subject to the full consequences). (Clause 4 of Article 1117 of the Civil Code of the Russian Federation). An unworthy heir is deprived of the right to inherit or is excluded from inheritance, and he is also obliged to return all property that he received unjustifiably from the inheritance. In the case where the subject of the legacy was the performance of certain work for an unworthy legatee or the provision of a certain service to him, the latter is obliged to compensate the heir who executed the legacy for the cost of the work performed for the unworthy legatee or the service provided to him. (Article 1117 of the Civil Code of the Russian Federation).

Proof of relationship when inheriting property

When accepting an inheritance, according to the law, it is necessary to confirm to the notary the family relationship with the heir. Depending on the order of inheritance and the distance of relationship, these may be the following documents:

• birth certificate - in case of death of a parent;
• certificate of recognition of paternity - if the child was born outside of an official marriage;
• adoption decision;
• marriage certificate.

Information

If you change your last name, you must confirm the old one by providing supporting documents, which can be a birth certificate or marriage certificate.

Depending on the order of inheritance and the distance of relationship, it will be necessary to provide a more extensive list of documents. If it is not possible to confirm the relationship, the relative can contact the registry office to request the necessary data. If the registry office for some reason cannot provide such information, then the citizen has the right to go to court to recognize family ties.

Refusal of inheritance

Any person has every right to voluntarily refuse an inheritance. To do this, it is enough to write a corresponding application to a notary . Then his share of the inheritance is distributed equally among the other heirs in his line. But an heir who voluntarily renounces the inheritance may renounce it in favor of any specific person.

According to paragraph 2 of Art. 1157 of the Civil Code of the Russian Federation, the heir has the right to refuse the inheritance within the period established for accepting the inheritance - 6 months as a general rule, including in the case when he has already accepted the inheritance. If the heir has performed actions indicating the actual acceptance of the inheritance, the court may, upon the application of this heir, recognize him as having renounced the inheritance even after the established period, if it finds the reasons for missing the deadline valid.

1. Refusal of inheritance cannot be subsequently changed or taken back (clause 3 of Article 1157 of the Civil Code of the Russian Federation).
2. Refusal of inheritance in the case where the heir is a minor, incompetent or partially capable citizen is permitted with the prior permission of the guardianship and trusteeship authority (Clause 4 of Article 1157 of the Civil Code of the Russian Federation).

According to paragraph 1 of Art. 1158 of the Civil Code of the Russian Federation, the heir has the right to refuse inheritance in favor of other persons from among the heirs by will or heirs by law of any order, regardless of the call to inheritance, who are not deprived of inheritance, as well as in favor of those who are called to inherit by right of representation or by inheritance transmissions. Refusal in favor of any of the following persons is not permitted:

• from property inherited under a will, if all the property of the testator is bequeathed to the heirs appointed by him;
• from the obligatory share in the inheritance;
• if the heir is assigned an heir.

Refusal of inheritance in favor of persons not listed above is not permitted. Refusal of inheritance with reservations or under conditions is also not allowed (clause 2 of Article 1158 of the Civil Code of the Russian Federation). Refusal of part of the inheritance due to the heir is not allowed.

However, if the heir is called to inherit simultaneously on several grounds (by will and by law or by way of hereditary transmission and as a result of the opening of an inheritance, etc.), he has the right to refuse the inheritance due to him on one of these grounds, on several of them, or for all reasons (clause 3 of Article 1158 of the Civil Code of the Russian Federation).

Article 1159 of the Civil Code of the Russian Federation provides for the following
methods of refusal of inheritance:

• Refusal of an inheritance is accomplished by submitting to an official at the place of opening of the inheritance a notary or a notary authorized in accordance with the law to issue certificates of the right to inheritance to an official of the heir’s application for renunciation of the inheritance.
• In the event that an application for refusal of inheritance is submitted to a notary not by the heir himself, but by another person or sent by mail, the signature of the heir on such an application must be certified in the manner established by paragraph two of paragraph 1 of Article 1153 of this Code.
• Refusal of inheritance through a representative is possible if the power of attorney specifically provides for the authority to do so . A power of attorney is not required for a legal representative to renounce an inheritance. According to Art. 1160 of the Civil Code of the Russian Federation, the legatee has the right to refuse to receive a testamentary refusal. In this case, refusal in favor of another person, refusal with reservations or under conditions is not allowed. In the case where the legatee is also an heir, his right provided for in this article does not depend on his right to accept or refuse the inheritance.

Who is a close relative under the law?

Close relatives are citizens who have blood ties based on biological descent with a common ancestor. There is no specific norm in the legislation that gives a clear definition of the concept of close relatives , but a list of such persons can be identified when regulating certain social relations.

When civil legal relations with the participation of relatives, the legislation generally refers to the Family Code , in particular to Art. 14 IC RF. Close relatives in this article are indicated when describing circumstances that prevent marriage between the following citizens:

• parents;
• children;
• grandparents;
• brothers and sisters - including half-brothers, i.e. if only one of the parents is common.
• Adoptive parents or adopted children.

Are husband and wife related?

Based on the rules of civil law, spouses do not belong to close relatives , since their affiliation with such is not described anywhere. If legal relations arise with the participation of spouses, they are indicated separately. For example, in clause 18.1 of Art. 217 of the Tax Code of the Russian Federation states that family members and close relatives are exempt from income tax when donating property (relatives and spouses are listed below). Based on the norms of this article, we can conclude that family members are not considered close relatives, since there is a distinction and these citizens are listed separately .

Basically, the law contains instructions for both spouses and other relatives. According to Art. 5 of the RF IC, in case of possible gaps in the law and the absence of indications of family members, circumstances are applied based on the general principles of family or civil law by analogy with the law. The principle of reasonableness and fairness also applies. Those. in some cases, spouses may be recognized as close relatives .

What happens to the inheritance if there are no heirs?

In the event that there are no heirs both by law and by will, or none of the heirs has the right to inherit, or all heirs are excluded from inheritance, or none of the heirs accepted the inheritance, or all the heirs refused the inheritance and none of them did not indicate that he was refusing in favor of another heir, the property of the deceased is considered escheat (clause 1 of Article 1151 of the Civil Code of the Russian Federation). According to paragraph 2 of Art. 1151 of the Civil Code of the Russian Federation, in the order of inheritance by law, the following escheated property located in the corresponding territory passes into the ownership of an urban or rural settlement, municipal district (in terms of intersettlement territories) or urban district :

• living space;
• a land plot, as well as buildings, structures, and other real estate objects located on it;
• share in the right of common shared ownership of the real estate objects specified in paragraphs two and three of this paragraph.

If these objects are located in a subject of the Russian Federation - a federal city of Moscow, St. Petersburg or Sevastopol, they become the property of such a subject of the Russian Federation. The residential premises indicated above are included in the corresponding housing stock for social use. Other escheated property passes by inheritance according to law into the ownership of the Russian Federation.

Inheritance by law and right of representation

The laws of the Russian Federation do not prohibit receiving an inheritance in one’s own interests. Reluctance to join, a warm attitude towards people from another category of heirs, material reward is a sufficient reason to transfer rights, regardless of the established procedure for inheriting property. The degree of relationship in inheritance by presentation does not matter. It is not difficult to arbitrarily appoint a stranger who is not related to the family as heir.

The essence of prosecution by right of representation

The purpose of the procedure is to transfer the right of inheritance according to the law, regardless of the order and the presence of family ties. Having written the appropriate application and notarized the signature, the applicant transfers the property to the new heir for registration. The main requirements are voluntary decision-making and legal capacity. Initially, you must be a legal successor.