“Alfa-Inform” specialists have a lot of questions concerning inheritance issues, namely how to correctly establish it, what to do in case of dispute concerning inheritance?
Situation connected with inheritance issues – is a very vital factor especially when an ancestor knows that there can be conflicts concerning inheritance among his children. Sooner or later all of us will be testators. Such a moment can be very sudden that is why it is necessary to dispose of property in a way to be well spoken about by heirs. Property disposing irrespective of its kind in contemplation of death is possible only in case of testament execution. In settlement of the estate it is necessary to take into account some important things which can simplify left property obtaining for heirs.
To avoid running about courts it is essential to specify heirs and a demised property in a testament. For instance, a testament of real accommodation for joint or participatory share ownership for two and more heirs can lead to difficulties in specifying of property use rules. Although each heir received such a part of flat heritage is acquiring a right for owning, using and disposing of this part, not each person manages to use this right as not all the relatives live in one and another apartment.
As a rule difference in opinions in a case of partition and use rules of inherit flat, car, dacha and other property can lead to break of relationships and multistage lawsuits. However practice of disputes adjudication does not sell optimism as a flat in multi-storey block can not actually partitioned, namely can not be divided into separate rooms as independent legal objects. It is impossible to sell it and to share money as well. In such a situation heirs can only negotiate and come to some internal arrangement what can be difficult taking into account their conflict.
Other developments are possible.
For instance an ancestor has left a testament and specifies heirs who do not receive it after his death and they know nothing about existing property. In this case the persons that are not heirs according to a testament can get devised property. One can fence out such consequences in case of using testament execution institution namely according to Article 1134 of Civil Codex of the Russian Federation an ancestor has the right to specify a legal representative in his testament – an executor of his testament whom he can trust providing of his last will proper performance.Any physical person specified in a testament can be an executor; of course he should be an able person if an ancestor trusts him such a difficult case. This case can be trusted as to one of future heirs so as to absolutely unknown person. It will be very good if a person who was trusted such a case will have knowledge and experience in the sphere of judicial and other activities depending on the type of devised property. Being not interested in satisfying of subjective pretensions of heirs the executor has much more possibilities for non-admission of disputes on questions connected with inheritance obtaining between heirs. A person executing a testament should express an agreement to be an executor. His agreement is expressed in manual sign in a list of a testament in the presence of a notary officer for a period of a month from the inheritance opening date. A citizen is also considered to agree of being a testamentary executor in a case he proceeds with a testament execution for a period of a month from the inheritance opening date. But in any case it is necessary for a testamentary executor to receive a corresponding document from a notary officer giving a testament original where he is specified as its executor. An executor can be dispensed from mission after the date of inheritance opening only through a court and only in one case – in presence of circumstances that can prevent commitment of obligations (paragraph 2, article 1134 of Civil Codex of the Russian Federation).
Based on article 1135 of Civil Codex of the Russian Federation a testamentary executor should take the following measures:
- to provide inherited property disposal to heirs according to ancestor’s testament;
- to take measures on property security and its administration in the interests of heirs singly or with a help of a notary officer what is extremely important in case of objects of business activities (an enterprise, commercial unit), real estate, transport, capital shares of joint-stock companies;
- to receive money means and other property of an ancestor for disposing to heirs;
- to fulfill testamentary arrangements or to demand it or testamentary disposition refuse from heirs.Authorities of a testamentary executor are based on a testament where he is indicated as a testamentary executor and are proved by a certificate of a testamentary executor appointment issued by a notary officer (paragraph 1, article 1135 of Civil Codex of the Russian Federation).
Thanks to these documents a testamentary executor has the right to process a case connected with a testament execution including presentation in the court, state bodies (paragraph 2, article 1135 of Civil Codex of the Russian Federation).
Thanks to testament execution institution one can provide heirs with an ancestor’s testament. Providing them with the information concerning opened inheritance and property an executor keeps to minimum risks of non-disclosure of its content. Using of this institution allows minimizing risks of consequences of actions of the unfairly interested persons, taking timely measures for inheritable property safety including process of judicial proceeding.
If one has a wish to appoint a testamentary executor it is primarily needed to choose a corresponding candidate, to specify a list of inheritable property and the variants of its partition for indicated heirs. Solving these questions an ancestor and a potential executor are to call for a notary officer for testamentation. It is necessary to specify an exact mass of the succession and persons that will receive one or another property in case of ancestor’s death. With the questions solved one can live in unity with others. The final disposal is a very important step with far-reaching consequences and one should come down to it very seriously. A notary officer or an advocate can help with testamentation, they will inform and instruct You about judicial aspects of Your actions.
Julia Ponomareva,
Candidate of Legal Sciences,
The Head of Legal Department
“Alfa-Inform, LLC”.
