As is known, inheritance can occur bytestament or by law. In the latter case, the property is divided between successors in the order of priority. What sequence of inheritance by law in the Russian Federation, will be considered in this publication.
Civil law establishes that inheritance by law can occur only in the presence of one of the following cases:
By rule, inherit property cancitizens who were alive at the time of the death of the testator, as well as his children, who were born after his death. The assignment of successors to inheritance is carried out in accordance with the sequence. This sequence is based on the degree of kinship of the testator with other relatives. The basic principle of inheritance by law is that the closest relatives exclude all other relatives from receiving the inheritance. In total, civil law provides for 8 lines of inheritance under the law. The circle of possible heirs now (as opposed to the recent past) now includes: stepmothers, stepchildren, stepfathers and stepdaughters, people who were kept by the deceased, relatives, up to the 6th degree of kinship, and the state.
Civil law of the person whatmay be successors identified. Their list, specified in the Civil Code of the Russian Federation, is complete, is not subject to addition. The process under consideration is characterized by a strict definition of inheritance, that is, each successive queue has the opportunity to become an heir only in the absence of the previous inheritance legally. The word “absence” here means not only the actual absence of persons-heirs, but also cases when they are deprived of their rights, refused to accept the property of the deceased, did not accept it in time or were deemed unworthy.
Ownership among successors of the same lineupupon receipt of the inheritance is divided in equal shares. In particular, if the apartment of a deceased person is divided into his mother and spouse, who belong to the same queue, then they will receive an inheritance in the form of ½ share each. That is, one can not move, for example, 1/3 of the share, and the other - 2/3 of the share of living space.
The first successors of the deceased includehis spouse, children and parents. Children can be adopted, as well as born after his death, but not later than three hundred days from the date of this event. Parents also mean adopters. In determining these heirs, the Civil Code refers to the norms of family law, according to which it is necessary to determine who is a relative and what is the sequence of inheritance by law.
Children of the testator may be called upon tohis wealth after death is unique in the event that their appearance was confirmed in a legal manner by authorized bodies, that is, in accordance with the Family Code. Children born to parents who are married, naturally, will inherit from both parents. But those who appeared in an unregistered marriage will be able to inherit from the mother, and only in some cases from the father. If paternity is officially established (even if the parents are not in a registered marriage), then the children will be able to succeed the first order of inheritance by law.
In cases where a person was not married toa woman, but with all his actions and actions he acknowledged that he was the father of her child, this child, following the death of his own father, could go to court. The fact of paternity can be established in judicial bodies. On the basis of a court order, such a child may become heir to the first stage.
If the children were born in a marriage that laterbroke up, then their father is still considered the former husband of their mother. There are situations when a marriage concluded between people is invalidated. If children were born in such marriages, then the court’s decision to invalidate the marriage does not affect children in any way. Here the situation can only be changed by a judicial act, according to which it is established that the former spouse, for example, is not the father of the child, or that the father is another person. In other words, when children inherit after a spouse or a former spouse of their mother, such children will be considered successors under the law of the first stage of inheritance under the law. It does not depend on the actual affiliation of paternity and will be considered so until another position is proved in the established manner.
It should be taken into account that not onlyborn children of the testator may be his successors. So, conceived children can also be such, if they were born no later than three hundred days after the death of the father. It also uses the norms of the Family Code, according to which children born before the expiration of 300 days following a divorce, invalidation of a marriage or the death of a spouse of the mother of these children are considered children of such a spouse of the mother.
Deprivation of parental rights does not infringe rightsa child who, after the death of such unworthy parents, will be the heir to the first line of inheritance by law. No other conditions like living together or something like that are required if the parental link is officially confirmed.
Children who have been adopted in a properorder, will be presented as the successors of their new parents, and at the same time they will not inherit assets after the death of their own biological mother and father.
Spouse of the deceased will enter the 1st turninheritance by law, if at the time of death he was in a registered marriage with the testator. It should be understood that such a marriage must be registered with the authorized bodies. Marriages that are committed in an unspecified order, not recognized by the state, for example, some religious rituals, as well as the actual marriage relations between a man and a woman, in a society called “civil marriage”, will not be considered valid. Consequently, such a “married couple” will not inherit after the death of any of them.
After termination of marital relations between peopleformer spouses lose their inheritance rights if they outlast their ex-husband (wife). In such a situation, one moment is interesting. This is a time of divorce. It is known that a divorce can be made through the registry office or through the judiciary. If the dissolution of the marriage takes place in court, then such a dissolution is considered to be committed at the time of the entry into force of the respective judicial document. Therefore, if the husband or wife passed away between the time when the decision on divorce was announced by the judge, but has not yet received its legal force, the surviving spouse will be considered still active, not the former, respectively, he will undoubtedly own the rights to inheritance. The first stage of inheritance by law will belong to such a spouse.
It is also necessary to distinguish between divorce anddeclaration of a spouse dead in court. In such a situation, even if the surviving spouse enters another marriage after the death of the testator, who will be registered in the proper order, he will still be called upon to receive the inheritance.
Along with children and spouses firstparents who are blood relatives in a straight ascending line are also included. Their right is not affected by their age or working capacity. Just like children, parents exercise their rights on the basis of the birth (origin) of their children established in the proper manner. When inheriting from children, similar rules are taken, as is inheritance from parents. The adoptive parents are also equal to the parents, respectively, and in the inheritance question they have identical rights, which biological parents would have.
Те родители, которые уклонялись от исполнения their responsibilities for the upbringing and maintenance of the child, those who in court were deprived of maternal and paternal rights, do not inherit property after the death of their children, but are recognized as unworthy heirs. Neither will adoptive heirs be if such adoption has been canceled. If the parents were not deprived of their rights to the child, but only limited, they cannot be identified by unworthy successors, based solely on this fact.
The first stage of inheritance by lawdetermined by civil law, it also assumes that the grandchild of the testator can also enter it. Under the grandchildren are meant the descendants of the second degree testator, who are in a straight line of descent from him. These can be children of both a son or a daughter, and children adopted by the testator.
It is believed that grandchildren are introducedassignees of the 1st stage by the right of representation. That is, they have the right to property if, by the time the inheritance is opened, their parent who is the heir to the first stage of inheritance by law is not alive. Grandchildren may not be the only heirs by right of representation. The civil code is not explicitly provided for, but it is assumed that, besides them, their children and all descending blood descendants in a straight line may be heirs by right. In the distribution of shares of the deceased’s property to such heirs, by the right of representation, such a share is due that would go to their deceased parent. This share they divide into equal parts.
For example:if the deceased person had a son who died at the time of opening the inheritance, then the children of this deceased son (grandchildren of the testator) will be involved in the inheritance process. The entire inheritance will be divided equally between them. At the same time, such grandchildren remove from the inheritance the heirs of all subsequent lines. If the testator had two children, for example, a son and a daughter, and by the time the inheritance was opened, the son had died, then the property would be divided as follows: half - the daughter, the second half is distributed evenly among the testor's grandchildren.
Of the 8 succession queues according to the law of the sister andThe brothers of the deceased person take second place. As already mentioned, in accordance with the principle of priority, they can become heirs in the absence of all persons who may be successors to the first stage. They are considered lateral successors of the second degree of kinship. It is not necessary that brothers and sisters have common parents with the deceased, one such thing is enough. That is, both full and half sisters and brothers are counted among the successors of the second stage. It also doesn't matter what kind of common parent they have - mother or father. During the distribution of the hereditary property of a deceased brother or sister, half-sisters and brothers have the same rights with full.
Sisters and brothers who do not have common parents with the deceased, the so-called stepbrothers, do not have the right to inheritance by law. The queues of the heirs of such non-blood relatives do not include.
Concerning adopted children of parentsThe deceased testator can be said to have the same rights as his own children. That is, an adopted child is equated in his own rights with blood relatives, not only regarding the adopter, but also in relation to other relatives of such adopter. Consequently, the adopted children of the parents of the testator have identical rights with their own children and will be presented as heirs of the second stage without any restrictions regarding them.
In situations where, for example, two brothers are separated from each other by adoption into different families, their relationship seems to be broken, so these brothers cannot inherit from each other.
The second stage of inheritance by law, in addition tosisters and brothers, the grandmother also refers to the heirs. However, in order for them to become successors, blood relationship with the deceased is required. The mother and father of the testator's mother may always be the heirs of the 2nd line. But the father and mother of the father of the deceased only if the child’s origin and fatherhood are determined in accordance with the law. Adopters of the mother or father of the testator will also be involved in inheritance in the second stage.
The distribution of property between grandfathers and grandmothers, sisters and brothers occurs in equal proportions.
By law, the successors of the testator may be exclusively the children of brothers and sisters, that is, the nephews and nieces of the deceased testator.
The established order of inheritance bythe law continues the third phase, consisting of the sisters and brothers of the parents of the deceased, that is, his aunt and uncle in the lateral ascending line. Kinship in such cases is determined similarly to the kinship of the brothers and sisters of the testator, his parents, and children.
By the right of representation in the third turnThe children of the aunt and uncle of the testator are included, that is, his cousins. The distribution of shares occurs according to the same principle as with inheritance by the right of representation in other queues.
More distant brothers and sisters of the testator (second cousins and even further) are not allowed to inherit.
All other relatives of the testator who are notwere listed above, are the heirs of the following queues. They mainly consist of ascending and descending lateral branches of the native. And although the legislator has recently expanded the number of potential heirs, yet the list of them is not infinite, but ends at the fifth degree of kinship. Such a restriction can be safely stated in favor of the state, since in the absence of the testator's relatives who can inherit, the property will be declared escheated and transferred to the state. Restriction of inheritance by law is imposed on such distant relatives as second cousins nephews, grandchildren, etc.
A legislative act in the field of civil legal relations has established that the degree of kinship should be determined on the basis of the number of births that separate some relatives from others.
So, to the fourth stage belong relativestestator, the relationship with which is determined in the third degree. This is the great-grandfather and great-grandmother of the deceased. The fifth line, respectively, will have relatives of the fourth degree, to which the legislator referred the children of native nieces and nephews, who can also be called cousins. Fifth place still includes great-grandparents, that is, sisters and brothers of the grandmother and grandfather of the testator.
The sixth stage is the children of cousins, granddaughters, brothers, sisters, grandfathers and grandmothers. They may be called great-great-grandchildren, great-granddaughters, nephews, uncles, aunts.
Stepsons, stepdaughters, stepmother and stepfather consist inthe seventh line of inheritance by law. The Civil Code of the Russian Federation is the 8th queue, that is, the last one, gives dependents - to people who are not included in the remaining inheritance queues. However, such persons may be called upon to inherit on a par with other lines.
Thus, despite all the seemingthe complexity of the hereditary ordering system, if we carefully examine this issue, we can conclude: it is quite simple. Of course, in all the nuances and subtleties of the process of invoking inheritance, the notary must deal with the hereditary case. It is he who should call for the distribution of property all the lines of inheritance by law. The Republic of Belarus (Belarus), as well as the Russian Federation and other CIS countries, are unanimous in this matter, therefore the legislation regulating the law of succession is very similar among the former Soviet camp countries.
