The law on inheritance: the main points

Inheritance in the Russian Federation is included in the scope of Civil Law, namely, is governed 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

In the Civil Code there are several types of inheritance law:

• by will;
• according to law;
• inheritance relating to certain types of property.

There are articles on inheritance, setting out general provisions, separately referred to the acquisition of inheritance.

Although the foreground today stands outinheritance, which presupposes the existence of a will, the popularity of inheritance under the Law did not decrease from this for the simple reason that many citizens have a desire to leave the acquired property (inheritance) only to the most native people, dividing it independently in equal shares. This eliminates the need for wasting money and time for drafting and approving a will, and also passes embarrassment between relatives.

Law on the legacy of the Russian Federation: the right to inherit by the Law

This niche of legislation is regulated by Article 63 of the Civil Code, which sets out the rules of inheritance in accordance with the procedure established by law. The norms of this article are used in the following cases:

• if no will is left, that is, if it was not compiled at all, or it was abolished during the life of the testator;
• if the will is only about a part of the property, the other part in such cases is inherited in accordance with the procedure established by the Law;
• if the will is invalid;
• if the heir enjoys the right given to him for the realization of his share in the inheritance;
• If none of the heirs indicated in the will,did not use this law within the 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 of the property specified in the will;
• if there is a will, and in it all relatives, close people are denied inheritance.

Law on inheritance: the order of inheritance

Порядок означает наличие очередности в праве на inheritance, that is, all heirs are legally divided into groups and queues and are not immediately called upon to inherit. Priority is realized in such a way that successors of each subsequent queue are called to inherit only in case of absence (abandonment of inheritance) of participants of the previous group (queue).

The law on inheritance distinguishes only 8 queues:

I turn: children, both spouses, parents of the testator.

II stage: brothers and sisters, grandparents.

III line: uncles, aunts.

IV turn: great-grandmother and great-grandfather of the testator.

V turns: granddaughters and grandchildren (cousins), as well as grandparents (cousins).

VI turn: this includes cousins ​​- great-grandchildren (great-grandchildren), nieces (nephews), aunts and uncles.

VII turn: stepdaughters, stepchildren, stepmother, stepfather.

VIII turn: disabled dependents (for example, a roommate with whom the testator was only in a civil marriage).

Inside one line, relatives inherit the property equally.

Law on the inheritance of property, its individual types

The hotel chapter considers cases of inheritance of certain types of property, which include:

• the right to participate in a production cooperative, joint-stock company, or another organization;
• the right to participate in a consumer cooperative;
• the right to inherit the enterprise;
• property of peasant farms;
• limitedly defensible things (psychotropic substances, weapons, toxic agents, etc.);
• land;
• the amounts unpaid to the testator;
• property granted on preferential terms by the state, municipalities;
• memorable, honorary signs, medals and orders, etc.

The inheritance law details on whichrights and in what order is the inheritance made. It should be noted that debt, credit obligations are also inherited in the order of legally established order.