Inheritance in the Russian Federation is within the scope of Civil Law, namely, it is regulated by the provisions of several articles in the Civil Code of the Russian Federation.
The law on inheritance is interpreted depending on the type of inheritance. If earlier priorities were given to inheritance under the Law, now they have changed in the direction of wills.
Types of inheritance law
The Civil Code presents several types of inheritance law:
- by will;
- according to law;
- inheritance relating to certain types of property.
There are articles on inheritance that set out the general provisions, separately speaks of the acquisition of inheritance.
Although inheritance, which implies the existence of a will, comes to the fore today, the popularity of inheritance under the Law has not decreased because of this for the simple reason that many citizens have a desire to leave the acquired property (inheritance) only to their dearest people, sharing it independently in equal shares. This eliminates the need to spend money and time on the preparation and approval of a will, and also bypasses embarrassment between relatives.
Law on the inheritance of the Russian Federation: the right to inherit under the Law
This niche of legislation is regulated by Article 63 of the Civil Code, which sets out the rules of inheritance in the order of legislatively established priority. The norms of this article are used in cases:
- if the will is not left, that is, if it was not made at all, or it was canceled during the lifetime of the testator;
- if the will deals only with some part of the property, the other part in such cases is inherited in the manner prescribed by law;
- if the will is not valid;
- if the heir uses the right given to him to exercise his share in the inheritance;
- if none of the heirs indicated in the will has exercised this right within the time period established by the Law, or in the event of the death of all heirs, or in the event of the refusal of all heirs from the property specified in the will;
- if a will exists, and it is denied inheritance to all relatives, close people.
Inheritance Act: Inheritance Procedure
The order means that there is a priority in the right to inheritance, that is, all heirs are legally divided into groups and queues and are not immediately called for inheritance. The sequence is implemented in such a way that the heirs of each subsequent line are called for inheritance only in the absence (refusal of inheritance) of the participants of the previous group (line).
The Law on Inheritance allocates only 8 lines:
I stage: children, both spouses, parents of the testator.
Stage II: brothers and sisters, grandparents.
Stage III: uncles, aunts.
Stage IV: great-grandmothers and great-grandfathers of the testator.
V lines: these are granddaughters and grandchildren (cousins), as well as grandparents (cousins).
VI stage: this includes cousins - great-granddaughters (great-grandchildren), nieces (nephews), aunts and uncles.
VII stage: stepdaughter, stepsons, stepmother, stepfather.
VIII line: disabled dependents (for example, a cohabitant with whom the testator was only in a civil marriage).
Within the same line, relatives inherit the property equally.
Law on the inheritance of property, its individual types
The hotel head considers cases of inheritance of certain types of property, which include:
- the right to participate in a production cooperative, joint-stock company, other organization;
- the right to participate in a consumer cooperative;
- right to inherit the enterprise;
- property of peasant farms;
- limited circulating things (psychotropic substances, weapons, poisonous agents, etc.);
- land;
- Amounts not paid to the testator;
- property provided on preferential terms by the state, municipalities;
- commemorative, honorary badges, medals and orders, etc.
The law on inheritance describes in detail on what rights and in what order the entry into the inheritance is made. It should be noted that debt, credit obligations are also inherited in the order of legally established priority.
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